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(영문) 서울동부지방법원 2016.01.14 2015가단112505
배당이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On February 11, 2014, the Defendant is a person who set up a right to collateral security of KRW 5,384,00,000 against the maximum debt amount with respect to the second floor E and the second floor E (hereinafter “instant real estate”) owned by the Defendant, Seoul, Gwangjin-gu, and one parcel (hereinafter “instant real estate”).

B. On March 3, 2010, prior to the establishment of the Defendant’s right to collateral security, the establishment registration of a senior mortgage in the name of the Rocheon Credit Union (hereinafter “Rocheon Credit Union”) was completed. After February 27, 2014, the registration of attachment in Gwangjin-gu Seoul Special Metropolitan City and the registration of attachment in the Republic of Korea (hereinafter “Disposition Office”) on March 27, 2014 was completed.

C. On March 12, 2014, upon the application for voluntary auction at Rocheon New Airport, the real estate of this case was commenced with Seoul Eastern District Court C, and the real estate of this case was sold to F on March 24, 2015 in the said voluntary auction procedure.

On May 1, 2015, a court of execution prepared a distribution schedule of KRW 634,30,00, out of KRW 184,832,194, which is to be actually distributed on the date of distribution, to the Republic of Korea (SP), 49,630, and 128,863,009, to the Seoul Special Metropolitan City Gwangjin-gu, Seoul Special Metropolitan City for the first-order 1,28,863,09, and to the Gacheon-gu, the second-order 2, to the defendant, who is the first-order collective security, and 194,350, which pays KRW 1,250,90 to the defendant, the second-order 3, who is the second-order collective security (public charges), to the mining promotion branch of the Korea National Health Insurance Corporation (hereinafter referred to as the "instant distribution schedule") which pays KRW 1,250

E. The Plaintiff appeared on the aforementioned date of distribution, and raised an objection against KRW 52,589,095 (= KRW 53,840,000 - KRW 1,250,905) out of the Defendant’s dividend amount, and filed the instant lawsuit on May 8, 2015.

F. Meanwhile, between G and G on March 29, 2010, D entered into a lease contract (hereinafter “instant lease contract”) with respect to the instant real estate by setting the lease deposit amount of KRW 100 million and the lease term from April 26, 2010 to April 26, 2012. The lessee G completed the move-in report on April 26, 2010 and completed the fixed date.

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