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(영문) 서울중앙지방법원 2015.05.22 2014가합36202
배당이의
Text

1.Defendants in the distribution schedule drawn up on July 3, 2014 by the Seoul Central District Court Dental Auction case and drawn up by the same court.

Reasons

1. Basic facts

A. On August 10, 2006, the Plaintiff set up a joint mortgagee’s Defendants and G, the debtor and the maximum debt amount, and the right to collateral security (hereinafter “instant collateral security”) worth KRW 500 million with respect to the second floor of the Ftel No. 201 (hereinafter “instant real estate”) on the E-B and the second floor owned by the Plaintiff.

B. The instant real estate was sold in the Seoul Central District Court DD’s auction procedure for the instant real estate (hereinafter “instant auction procedure”) regarding the instant real estate that was commenced upon request by G.

On July 3, 2014, the distribution schedule (hereinafter “instant distribution schedule”) was drawn up as follows with regard to KRW 404,627,718 of the amount to be actually distributed out of the proceeds of sale on the date of distribution of the said case opened on July 3, 2014:

The grounds for distributing dividends to priority creditors 10,385,610 won (relevant tax) 2-gu Seoul Special Metropolitan City 13,273,370 won and 4 G93,357,758 won and joint mortgagee C 147,543,363 won and joint mortgagee C 138,497,187 won and 404,617,718 won and 404,617,718 won and joint mortgagee C 147,363

C. On the date of distribution, the Plaintiff raised an objection against the total amount of the dividend to the Defendants, and filed the instant lawsuit on July 10, 2014.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 6 evidence, purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion was made by I, a representative director H’s mother on August 10, 2006, with respect to the obligations owed by the Defendants as of August 10, 2006, as a surety’s property to secure another’s property right.

Therefore, the Defendants’ claims based on the instant right to collateral security are limited to the amount of claims at the time of August 10, 2006, which is only KRW 19.5 million in the case of Defendant B and KRW 50 million in the case of Defendant C.

Therefore, the amount of dividends against the Defendants is KRW 19.5 million, and Defendant C5.

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