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(영문) 서울남부지방법원 2016.05.12 2015가단218406
배당이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. Of the building on the fifth and fifth floors on land outside Gangseo-gu Seoul, Gangseo-gu, and five parcels, the third and fifth floors (hereinafter “instant building”) owned by the Plaintiff. On October 7, 2009, the right to collateral security was established in the name of E, the maximum debt amount of which is KRW 90,000,000, and on October 23, 2012, the right to collateral security was transferred in sequence to the Defendant on February 12, 2013, and each registration of collateral security was completed.

(hereinafter referred to as the “mortgage-mortgage” that was transferred under the name of the Defendant was the “mortgage-mortgage”.

On March 29, 2012, the Plaintiff filed an application for individual rehabilitation (hereinafter “instant individual rehabilitation procedure”) with the Seoul Central District Court 2012da47466, and the said court decided to commence individual rehabilitation procedure on August 6, 2012.

In the instant individual rehabilitation procedure, the Plaintiff submitted a draft repayment plan, “The amount of claims expected to be repaid due to the exercise of the right to separate reimbursement, etc. according to the right to separate reimbursement, and is excluded from the subject of repayment due to the disposal of available income or property according to the repayment plan,” and the said court approved the draft repayment plan on May 1, 2013.

C. On May 22, 2014, the Seoul Southern District Court C (hereinafter “instant auction procedure”) commenced with respect to the instant building. On June 3, 2015, the said court distributed KRW 53,479,870 to the Gangseo-gu Seoul Metropolitan Government Office, which is the pertinent tax, KRW 271,040, and KRW 35,236,589 to the Seoul Livestock Cooperative, the applicant-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage (hereinafter “instant auction

On June 3, 2015, the Plaintiff, on the date of distribution, raised an objection to the distribution of the total amount of KRW 17,972,241 against the Defendant, and filed a lawsuit of demurrer to the distribution of this case on the same day.

[Reasons for Recognition] Evidence Nos. 1 through 8, Evidence No. 11, and the purport of the whole pleadings

2. The allegations and judgment of the parties

A. The plaintiff's assertion of this case.

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