logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 고양지원 2021.02.10 2020가단8886
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. 1) D cooperatives (hereinafter “D cooperatives”) loaned KRW 533,00,000 to E on May 10, 2017 by setting the lending period to May 10, 2020 as the interest rate of 7.606% per annum, and the delayed compensation rate of 22% per annum.

On the same day, D Union completed the registration of the establishment of the right to collateral security with the maximum amount of KRW 639,600,000 against the obligor E and the obligor E with respect to the land and buildings on the land and its ground (hereinafter “the instant real estate”).

2) On March 29, 2019, the D Association filed an application for a voluntary auction of real estate based on the instant collateral security (hereinafter “instant auction procedure”). On April 1, 2019, upon the commencement of the auction procedure, it was decided to voluntarily commence an auction on April 1, 2019 (hereinafter “the instant auction procedure”). After transferring the instant claim for the loan principal to E to the Defendant on December 6, 2019, D Association completed the registration of additional entry before the right to collateral security was transferred to the Defendant on December 6, 2019 on the instant collateral security on December 6, 2019. On the same day, the Defendant completed the registration of establishment of the collateral security right with respect to the instant collateral security on the same day.

3) On July 28, 2020, the court prepared a distribution schedule of KRW 839,923,395, which distributes the amount to be actually distributed on the date of distribution of the auction procedure of this case to the Defendant, to the Defendant, who is the creditor and the mortgagee and the mortgagee in the creditor and the mortgagee who are the creditor and the mortgagee in the second second second second second second second second second second second second second second second second second second second second second second second second second second second second second second second second second second second second second second second second second second second second third third third third third third third third third, the court prepared a distribution schedule which distributes the remaining amount to the principal, the lessee and the lessee in the fourth second second second second second second second second second second order, and the mortgagee, the lessee and the mortgagee who is the second second second second second second second third, third, third, third and third, third, the collective security (hereinafter referred to as the “instant distribution schedule”).

4) The Plaintiff, as a lessee of a small amount, excluded a demand for distribution from the distribution, raised an objection against KRW 20,000,000 out of the Defendant’s dividends on the dividend date.

[Recognition.]

arrow