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(영문) 수원지방법원 2016.10.20 2015가단108167
배당이의
Text

1. In case of Suwon District CourtB real estate auction, the same court shall take place on March 6, 2015.

Reasons

1. Basic facts

A. On September 16, 2008, the Industrial Bank of Korea completed the registration of creation of a neighboring mortgage (hereinafter “instant collateral security”) of the maximum amount of KRW 1.2 billion with the joint security of D 1-dong general steel structure, and other 476 square meters at a single roof factory (hereinafter “instant real estate”) in order to secure a claim against C on September 16, 2008.

B. As C does not repay its debt, on October 15, 2012, the Industrial Bank of Korea applied for the auction of real estate acquired in the instant case on the collateral security right, the Suwon District Court filed an application for the auction of real estate acquired in the instant case. On October 16, 2012, the lower court rendered a decision to commence auction by receiving a request for dismissal on October 16, 201, and the real estate acquired in the instant case was sold and thus, paid KRW 1,001,975,651.

C. The plaintiff is against the Bank of Korea.

After filing an application for a temporary auction of real estate mentioned in paragraph (1), C acquired the claim and the right to collateral security of this case in accordance with the contract on the transfer and takeover of the claim sales contract and the contract on the transfer and takeover of the claim.

In the auction procedure described in subsection (d), the Bank taken over.

Suwon District Court on March 6, 2015

At the auction procedure stated in the claim, the court prepared a distribution schedule (hereinafter “instant distribution schedule”) that distributes the amount of KRW 93,060,381 in the order of first priority to the defendant who made a demand for distribution as a small lessee, and the plaintiff, a creditor and a mortgagee, as the right to collateral security, in the order of third priority to the plaintiff. The plaintiff raised an objection against the amount of distribution to the defendant on the date of distribution.

E. Meanwhile, on November 6, 2015, the Plaintiff’s succeeding intervenor entered into an asset transfer agreement with the Plaintiff, and subsequently notified the Plaintiff of the assignment of claims as of December 15, 2015 after receiving the claim and incidental rights against C from the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 5 through 8 (including numbers g) and the purport of the whole pleadings

2. The Plaintiff’s judgment on the Plaintiff’s claim is entitled to receive dividends from the Defendant as a false lessee.

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