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(영문) 서울북부지방법원 2017.05.11 2016가단100192
배당이의
Text

1. Of the distribution schedule prepared on December 30, 2015 by the above court with respect to the case of the voluntary auction of real estate B by the Seoul Northern District Court.

Reasons

1. Basic facts

A. On July 4, 201, the National Bank Co., Ltd. concluded a mortgage agreement on the instant real estate, which is jointly owned by C and E, with C as a loan to C, and completed the registration of establishment of a neighboring mortgage, the maximum debt amount of which is KRW 850 million on July 8, 201, with the maximum debt amount of KRW 858 million on July 8, 201.

B. On November 4, 2014, between C and E, the Defendant: (a) leased KRW 25 million in mid-to-date of the instant real estate; (b) from November 5, 2014 to November 4, 2016; (c) concluded a lease contract with the terms that the lease deposit amount of KRW 12 million shall be paid on the date of the contract and the remainder of KRW 13 million; and (d) completed the move-in report on the date of the contract and received the fixed date; and (e) remitted KRW 25 million to C on November 5, 2014.

C. C was unable to fully repay the loan, and the National Bank applied for a voluntary auction on the instant real estate (hereinafter “instant auction”) to Seoul Northern District Court B, and received a decision to voluntarily commence the auction on November 14, 2014 from the above court.

Since then, the Plaintiff acquired a loan claim and collateral security against C of the National Bank Co., Ltd. and became a creditor-mortgage and collateral security at the auction procedure of this case. Meanwhile, the Plaintiff’s report on the Plaintiff’s claim amount is KRW 868,474,94

E. On December 30, 2015, the court: (a) opened a distribution date on December 30, 2015; and (b) prepared a distribution schedule on KRW 834,582,995 (hereinafter “instant distribution schedule”); and (c) presented it to interested parties; (d) according to the above distribution schedule, the Defendant, as a lessee of small claims, received KRW 25 million in the first priority order; and (e) the Plaintiff, as a creditor and a mortgagee, received KRW 807,77,535 in the third priority order.

F. The Plaintiff appeared on the aforementioned date of distribution, and raised an objection to the whole amount of dividends of the Defendant among the instant distribution schedule, and filed the instant lawsuit on January 4, 2016.

[Ground of recognition] dispute.

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