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(영문) 의정부지방법원 2017.12.12 2017가단4607
배당이의
Text

1. Of the distribution schedule prepared on February 17, 2017 by the above court with respect to the auction case of real estate C by the Jung Government District Court.

Reasons

1. Facts of recognition;

A. On March 7, 2012, D completed the registration of the creation of a collective security (hereinafter “instant collective security”) with respect to various real estate (hereinafter “instant building, etc.”) including the 7th class neighborhood living facilities of Class I neighborhood living facilities of the 9th class 701 (hereinafter “instant building”) of the E-building reinforced concrete roof No. 701 (hereinafter “instant building”) on March 7, 2012, with the maximum debt amount of KRW 5,915,00,000, debtor D and the new bank Co., Ltd. (hereinafter “new bank”), and completed the registration of the establishment of a collective security (hereinafter “instant collective security”) on April 26, 2013 by changing the maximum debt amount of KRW 4,648,200,000.

B. The new bank applied for the commencement of voluntary auction of the instant building, etc. on the basis of the instant right to collateral security to the Jung-gu District Court (U.S. District Court C), and the said court rendered a voluntary decision to commence auction on May 16, 2014.

(C) The auction procedure commenced by the above ruling (hereinafter referred to as “instant auction procedure”).

On November 10, 2015, on the ground of the transfer of confirmed claim on November 10, 2015 with respect to the instant right to collateral security, the registration of transfer of the right to collateral security was completed, which is changed by the mortgagee to the U.S. E.S. specialized company for mortgage securitization. On the same day, the registration of transfer of the right to collateral security changed to the Plaintiff by the mortgagee on the ground of the transfer of confirmed claim on November 10, 2015.

In addition, the plaintiff submitted to the court of execution a report on the change of creditor as the transferee of the mortgage of this case and the secured debt.

On the other hand, on September 2, 2014, the completion period to demand the distribution of the auction procedure of this case, and on August 4, 2014, Defendant A submitted to the court of execution a report on rights and a written demand for distribution as a lessee of the bath part among the instant building on August 4, 2014, and Defendant B submitted a report on rights and a written demand for distribution as a wage creditor against D.

E. On February 17, 2017, the executing court shall order the Defendant A as lessee (the lowest wage) and KRW 7.5 million in the first order, and 3,345,182 in the first order as wage creditor (the highest wage) to the Defendant B.

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