logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2018.06.07 2017나2070640
배당이의
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

Basic Facts

The real estate listed in [Attachment 1 and 2] List Nos. 1 and 2 on the ownership of each real estate of this case (hereinafter “instant 1 and 2 real estate”) is jointly owned by G and H, and real estate listed in [Attachment 3] (hereinafter “instant 3 real estate”) was solely owned by H.

On May 17, 2012, with respect to each of the instant real estates related to the right to each of the instant real estates, a joint collateral security (hereinafter “joint collateral security”) created with the debtor G and the National Bank Co., Ltd. (hereinafter “National Bank”) (hereinafter “instant joint collateral security”) with respect to each of the instant real estates.

As to H shares among the instant 1 and 2 real estate and the instant 3 real estate, the joint collateral security was created on November 29, 2013, which became the maximum debt amount of KRW 200 million, the debtor H, and the mortgagee E.

The provisional attachment registration of creditor I was completed on June 12, 2015 with respect to H shares among the instant 1 and 2 real estate and the instant 3 real estate, respectively, based on the creditor’s provisional attachment registration as to the claim amounting to KRW 625 million, and the claim amounting to KRW 290 million on July 17, 2015.

On November 29, 2015, lease deposit amounting to KRW 70 million, lease deposit amounting to KRW 70 million, June 13, 2013, resident registration, commencement of occupation and fixed date date, and registration of lease of housing was completed on July 15, 2013, which became the lessee B.

On December 31, 2015, with respect to the portion of G, among the instant real estate 1 and 2, a joint collateral security was created against the debtor G, and the mortgagee as the defendant on December 31, 2015.

On April 26, 2016, according to the application for voluntary auction by the national bank with respect to each of the instant real estate, the commencement of auction and the preparation of a distribution schedule concerning each of the instant real estate, the voluntary auction was commenced on April 26, 2016 (Dacheon District Court Branch F), and on February 9, 2017, the auction court prepared a distribution schedule (hereinafter “instant distribution schedule”) with the following contents on the date of distribution:

In the above auction procedure, the National Bank does not exceed a limited liability company specializing in securitization such as EF 1612 claims and collateral security against G.

arrow