logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2015.04.24 2014가단131912
배당이의
Text

1. A distribution table prepared by the Seoul Eastern District Court C with respect to the auction case of real estate C on October 17, 2014 by the same court.

Reasons

Facts of recognition

D shall purchase Seongdong-gu Seoul E-gi 93 square meters and multi-family houses with two floors above the ground (hereinafter “instant real estate”) and complete the registration of ownership transfer on October 26, 2007.

D) On December 23, 2011, when obtaining a loan from a new bank (hereinafter “new bank”), D completed the registration of creation of a mortgage on the first priority basis of the maximum debt amount of 240 million won in the future of the new bank on December 23, 201, and on February 10, 2012, on February 10, 201, the registration of creation of a mortgage on the second priority basis of 84.5 million maximum debt amount of the new bank.

On the other hand, D entered into a lease agreement with the Defendants on June 15, 201, setting the lease agreement between D and the Defendants, setting the term from July 29, 2011 to July 28, 2013. The Defendants obtained the fixed date of the above lease agreement on July 29, 201.

After that, D did not repay the debt of the loan, the new bank filed an application for the auction of real estate in this case with the Seoul Eastern District Court C on July 17, 2013 with respect to the real estate of this case, which is based on each of the above collateral security. On the same day, the decision to commence the auction of real estate was issued on the same day, and the entry of the above decision to commence the auction was registered.

On September 25, 2013, the new bank transferred the above loan claims and collateral security to the Plaintiff, and notified D of the transfer of the above credit.

On October 17, 2014, on the date of distribution of the above auction procedure, the Defendants, as a lessee of small claims with the top priority repayment right, were apportioned KRW 25 million in the order of first priority, and the Plaintiff prepared a distribution schedule with only KRW 244,723,317 out of the maximum debt amount of KRW 32,45 million (75.42% of the dividend ratio) in six order.

On October 24, 2014, the Plaintiff raised an objection to the distribution against the Defendants on the date of the said distribution, and filed the instant lawsuit on October 24, 2014, which was within seven days thereafter.

[Grounds for recognition] Gap 1-7's descriptions and the purport of the whole pleadings.

Judgment on the cause of the claim.

arrow