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(영문) 서울남부지방법원 2015.12.15 2015가단225565
배당이의
Text

1. From among the distribution schedule prepared on July 23, 2015 by the same court in the voluntary auction case of real estate B by the Seoul Southern District Court.

Reasons

1. Facts of recognition;

A. (1) The Industrial Bank of Korea applies for the voluntary auction of real estate (1) with respect to C, the Industrial Bank of Korea shall grant C the right to collateral security (the right to collateral security: the right to collateral security (the right to collateral security: the right to collateral security): the right to collateral security (the right to collateral security) on the E

A) The maximum debt amount: (a) the maximum debt amount: (b) the right to collateral security (registration as of January 24, 2006), the right to collateral security (registration as of September 12, 2007), the right to collateral security (registration as of September 12, 2007), the right to collateral security (registration as of April 8, 2008), the right to collateral security (registration as of April 2008), and the right to collateral security (hereinafter referred to as the “claim of this case”).

(2) In order to secure the instant claim, the Industrial Bank of Korea filed an application for voluntary auction of the instant real estate with the court on April 30, 2014, and filed a registration of the entry of the decision on commencing auction on the same day on May 2, 2014 upon receipt of a voluntary decision on commencing auction of real estate (Seoul Southern District Law B).

(hereinafter “instant auction procedure”). B.

On July 16, 2014, the Plaintiff received the instant claim from the Industrial Bank of Korea on the process of the auction procedure, the Plaintiff’s acquisition of the Plaintiff’s claim, and the details of distribution (1). In the auction procedure of this case, the Plaintiff reported on the alteration of the obligee’s claim (the principal KRW 478,509,383, interest KRW 77,890,532). On June 12, 2014, the Defendant entered into a contract with C and the instant real estate as a small lessee who entered into a contract with C for KRW 10,00,000, monthly rent of KRW 200,000.

(2) In the instant auction procedure, the executing court prepared the instant distribution schedule with the Defendant, on July 23, 2015, that the Defendant distributed KRW 7,600,00 (small-sum lessee) and KRW 561,90 in Guro-gu Seoul Metropolitan Government with the second priority of dividend distribution, and KRW 368,027,173 in the order of dividend payment, respectively, to the Plaintiff. The Plaintiff raised an objection against the Defendant’s entire amount of dividend on the date of distribution, and filed a lawsuit of demurrer against distribution on July 29, 2015.

[Ground of recognition] The fact that there is no dispute, Gap 1 through 5.

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