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(영문) 의정부지방법원고양지원 2016.04.22 2015가합73296
배당이의
Text

1. Of the instant lawsuit against the Defendants in Plaintiff B, KRW 11,842,69 out of the dividends against Defendant C, and Defendant D.

Reasons

1. Basic facts

A. On January 21, 201, the National Bank Co., Ltd. lent money to F, and completed the registration of the establishment of a mortgage with respect to the building of approximately 432 square meters and the 7th floor above ground owned by F on January 21, 201, the total of the above land and the above ground buildings (hereinafter collectively referred to as the “instant real estate,” and the above ground building was referred to as the “instant building”) with respect to the debtor F, the maximum debt amount, 2,340,000 won.

After that, the National Bank Co., Ltd. transferred all of the above F claims and collateral security to the Plaintiff Co., Ltd. in accordance with the Asset-Backed Securitization Act.

Plaintiff

B With respect to the instant real estate on January 27, 2012, the Seoul Central District Court 2012Kadan55 decided on the provisional attachment registration of KRW 170,000,000 for the claimed amount, and the Plaintiff A completed the provisional attachment registration of KRW 89,552,020 for the claimed amount on January 24, 2013 by the High Court 2013Kadan224 decided on January 24, 2013 for the instant real estate.

B. On November 27, 2013, the instant real estate was sold at the auction procedure (hereinafter “instant auction procedure”) upon the Plaintiff’s application for voluntary auction. The instant real estate was sold at the auction procedure (hereinafter “instant auction procedure”).

Meanwhile, in the instant auction procedure, Defendant C submitted a lease agreement from March 6, 201 to March 7, 201, the term of lease from March 6, 2011 to March 7, 2014, and the date of transfer to December 28, 1990, and April 5, 2012, when filing an application for a report on the right and a demand for distribution as “the lease agreement from March 6, 201,” and Defendant C submitted the lease agreement from March 6, 201 to “the seven-story housing of the instant building in this case,” and Defendant D submitted the said lease agreement from April 6, 201 to “the lease agreement from April 6, 2012 to April 21, 2012,” and Defendant D submitted the said lease agreement from March 6, 2012 to “the lease agreement from April 20, 2012 to April 6, 2012.”

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