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(영문) 서울중앙지방법원 2019.01.30 2018가합557141
배당이의
Text

1. The defendant (Counterclaim plaintiff)'s counterclaim shall be dismissed.

2. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

3...

Reasons

1. Basic facts

A. Of five accommodation facilities (tourist hotel) of the five stories of EF reinforced concrete Gamenrabro in Jung-gu Incheon, Jung-gu, Incheon, the registration of the Incheon District Court (hereinafter “instant real estate”), the registration of creation of a mortgage (No. 5018, Feb. 10, 2014; No. 2500,000,00 won for a mortgagee G (the former spouse of the Defendant); and the maximum debt amount of the mortgage amount of KRW 2,50,000,000 was completed (No. 4, the former order; hereinafter “instant collateral security”).

B. On October 5, 2016, the Incheon District Court H issued a decision to commence the discretionary auction procedure of real estate (hereinafter “instant auction procedure”) with regard to the instant real estate on October 5, 2016.

C. In the instant auction procedure, Korea deposited KRW 1,486,489,971 of the dividends and interests of the mortgagee G on the ground of the seizure competition (deposit No. 1825 of the Incheon District Court, Article 248(1) of the Civil Execution Act), and the distribution procedure of the said deposit was initiated.

(Seoul Central District Court C, hereinafter referred to as “instant distribution procedure”). D.

The plaintiff participated in the distribution procedure of this case as the creditor after receiving the order of seizure and collection, and the provisional seizure order as shown below.

On August 8, 2016, the Seoul Central District Court 2016TTT 2016TT 13691 attached collection order G against the third debtor D of the Seoul Central District Court 1,488,628,985, Aug. 8, 2016, the Seoul Central District Court 2016TT 22166 attached collection order (applicant A) G against the third debtor (Korean debtor) of the instant auction procedure held on August 8, 2016, with the Seoul Central District Court 582,568,4216, Dec. 12, 2016.

The Defendant’s claim for loans of KRW 300 million against G on September 3, 2014 was based on the grounds of the claim that there was a claim for loans of KRW 300 million against G and Seoul Central District Court No. 2014Gahap4722.

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