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(영문) 서울서부지방법원 2020.01.10 2018나2916
배당이의
Text

1.The judgment of the first instance shall be modified as follows:

The Seoul Western District Court DD real estate auction case.

Reasons

1. Facts of recognition;

A. The status of the party is the E’s creditor who won the judgment in favor of the Plaintiff to the effect that the Plaintiff filed a lawsuit against E as the deposit for lease deposit in Suwon District Court, Sungnam Branch, 2014Gahap8260, and that “E shall pay to the Plaintiff KRW 145,00,000 and damages for delay.”

B. Each of the real estate listed in the E’s separate list on August 7, 2009 (hereinafter “each of the instant real estate”) on each of the real estate owned by E

As to the registration of creation of a mortgage, the registration of creation of a mortgage was completed with the content of “300,000,000 won for the maximum amount of the credit,” and “the debtor and the Defendant of the E-mortgage,” (hereinafter referred to as “Prior Security”).

(2) On October 27, 2011, the Defendant revoked the preceding mortgage, and on the same day, the registration of creation of a neighboring mortgage of KRW 1,105,000 with respect to each of the instant real estate was completed on the same day by the following: (a) the registration of creation of a mortgage of KRW 375,00,000 with respect to each of the instant real estate; and (b) the registration of creation of a neighboring mortgage of KRW 375,00,000 with respect to the maximum debt amount; (c) the debtor E and the mortgagee H

3) On November 25, 2011, the Defendant completed the registration of creation of a neighboring mortgage with respect to each of the instant real property, the maximum debt amount of which is KRW 300,000,000, and the debtor E and the mortgagee as the defendant (hereinafter “instant right to collateral security”).

C. Voluntary auction 1) On the application of E’s creditor, the voluntary auction procedure for each of the instant real estate was initiated (Seoul Western District Court D, I (Dupl). In the above auction procedure, each of the instant real estate was awarded to a third party.

(2) On March 22, 2018, on the date of distribution, the 2 auction court distributes dividends to Mapo-gu and to the holder of the right to deliver out of the amount to be distributed, G Union and H, respectively, in the first, second, and third order with respect to each real estate of this case. The 4th order distributes dividends to the Seoul Credit Guarantee Foundation, which is the Defendant’s collection right holder, KRW 100,00,000, and the J, in the second order with priority, KRW 60,64,365, and KRW 186,328,767, to the Defendant, who is the junior collateral security right holder, the junior collateral security right holder, in the second order.

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