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(영문) 서울북부지방법원 2018.01.23 2016나38847
배당이의
Text

1.The judgment of the first instance shall be modified as follows:

The plaintiff's claim is dismissed.

(b) Seoul Northern District Court B.

Reasons

1. Facts of recognition;

A. 1) National Bank Co., Ltd. (hereinafter “National Bank”)

(C) On July 6, 2007, 209 Dong 707, 207 (hereinafter “instant real property”) out of the 15th apartment on the 15th apartment lot owned by Nowon-gu Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City (hereinafter “instant real property”).

(2) As to the instant real estate, the Seoul Northern District Court E applied for the auction of the real estate in relation to the instant real estate and rendered a voluntary decision to commence the auction on November 14, 2013.

3) After that, pursuant to the Asset-Backed Securitization Act on December 26, 2013, a national bank transferred all of the claims and collateral security against C to the Plaintiff. 4) Meanwhile, the said auction court recognized that it would take precedence over the Plaintiff’s claims at the minimum sale price of real estate in this case and notified the Plaintiff of the fact that it would not remain if it pays all the burden and procedural expenses that take precedence over the Plaintiff’s claims, and notified the Plaintiff of the payment of the said burden and expenses and the purchase of the instant real estate at a reasonable price. However, as the Plaintiff refused to comply, the said auction application was dismissed on March 24,

B. The Korea Labor Welfare Corporation applied for a compulsory auction on the instant real estate to Seoul Northern District Court B, and rendered a judgment of compulsory auction on May 27, 2015.

(hereinafter) The auction procedure based on the above decision to commence compulsory auction (hereinafter “instant auction procedure”) C.

On October 16, 2013, the Defendant entered into a lease agreement between C and C on a deposit of KRW 30 million, monthly rent of KRW 200,000 (hereinafter “instant lease agreement”). D.

In the auction procedure of this case, the auction court shall set the amount of KRW 306,54,623 out of the amount to be actually distributed on July 20, 2016 to the Korea Workers' Compensation and Welfare Service, the creditor of the first substitute payment, and the remainder of KRW 9,629,93, the small amount of KRW 316,174,616.

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