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(영문) 서울북부지방법원 2019.09.19 2018나36197
배당이의
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On July 24, 2012, H and J completed the registration of ownership transfer on July 10, 2012 with respect to each of one-half shares of Seongbuk-gu Seoul Metropolitan Government I Ground Building (hereinafter “instant Housing”).

B. On July 24, 2012, K Co., Ltd. (hereinafter “K”) completed the registration of creation of a neighboring mortgage of KRW 1,118,00,00 with respect to the instant housing (hereinafter “instant collateral security”) as a joint collateral, and Seongbuk-gu Seoul P Ground Building (hereinafter “instant neighboring building”) adjacent to the said site.

C. On January 17, 2014, the Defendant entered into a lease contract with H, J, and the instant housing M with a period of 35,000,000 won as lease deposit, and with a period of 12 months from January 20, 2014 (hereinafter “instant lease contract”), and filed a move-in report on the said housing around January 21, 2014.

On February 27, 2015, the Seoul Northern District Court E in Seoul Northern District Court rendered a decision to commence the sale of real estate as well as the decision to commence the sale of real estate due to F.F. and G(Dus) with the Seoul Northern District Court. The Plaintiff acquired the right to collateral security and the secured claim from K.

In the above auction procedure, the instant housing and the instant site were separately sold, and the said court, on September 28, 2016, prepared a distribution schedule to distribute the amount of KRW 29,767,541 to the Plaintiff (the transferee of the instant right to collateral security) to the Defendant of the small lessee in the order of KRW 25,00,000,000 and KRW 4.

(hereinafter “instant distribution schedule”). E.

On September 28, 2017, the Plaintiff raised an objection against the total amount of dividends to the Defendant on the date of distribution, and filed the instant lawsuit on October 4, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 2 through 8, Eul evidence 1 and 2 (including branch numbers, if any; hereinafter the same shall apply), the purport of the whole pleadings

2. The Plaintiff’s assertion H and the Defendant’s side relationship, H-D.

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