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(영문) 서울북부지방법원 2016.05.04 2014가합7883
배당이의
Text

1. Of the distribution schedule prepared on November 21, 2014 by the above court with respect to A real estate auction case in Seoul Northern District Court A.

Reasons

1. Basic facts

A. On November 5, 2012, the Plaintiff filed an application for provisional attachment of real estate with respect to the Seoul Northern-gu Seoul Northern-gu C & 98.8 square meters and its ground bricks and coaguing houses, etc. (hereinafter “instant real estate”) owned by B, and filed an application for payment order with the Seoul Central District Court No. 2012 tea81567.

On November 21, 2012, the Seoul Central District Court ordered the Plaintiff to pay the amount of KRW 335,121,000 and the amount of KRW 20% per annum from the day following the delivery of the payment order to the day of full payment. The above payment order was served to B on January 14, 2013, and became final and conclusive on January 29, 2013.

B. B concluded a mortgage agreement with the Defendant on November 7, 2012 regarding the instant real estate (hereinafter “instant mortgage agreement”) and concluded a mortgage agreement with the Defendant on the same day. On the same day, B concluded a mortgage agreement with the Defendant on the maximum debt amount of KRW 139 million.

C. On February 28, 2013, B repaid KRW 11,880,00 to the Plaintiff. D, the husband of B, was the agent of B, and D, the notary public, on September 6, 2013, borrowed KRW 323,241,00 from the Plaintiff on November 15, 2012, under Article 763 of B’s national deed, “B borrowed the same amount from the Plaintiff on September 32, 2013, the last day of December 2013, the last day of February 20, 2013, the last day of February 20, 2014, and the last day of December 20, 2014, and on December 20, 2014, did not agree to make payment in installments, and if B delayed payment in installments on three or more occasions, he/she loses the benefit of time, and the Plaintiff prepared the content of D, a joint surety, D, and E.

On March 24, 2014, the Gangnam Saemaeul Community Fund, a creditor of the instant real estate and the mortgagee of the instant real estate, filed an application for a voluntary auction of real estate. In the said auction procedure, the court held the date of distribution on November 21, 2014, and distributed KRW 111,872,156 to the Defendant, and did not distribute to the Plaintiff.

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