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(영문) 대전지방법원 2019.08.22 2018나114929
배당이의
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

Basic Facts

On December 31, 2015, Co., Ltd. (hereinafter referred to as “E”) completed the registration of creation of a neighboring mortgage (No. 360 million won with the maximum debt amount), the debtor F, and the mortgagee E, the maximum debt amount on February 3, 2016, the registration of creation of a mortgage (No. 360 million won with the maximum debt amount), and the registration of creation of a mortgage (No. 6) with the debtor agricultural corporation L/W and the mortgagee E with respect to the above apartment (hereinafter referred to as “the apartment of this case”) based on each of the above collective mortgages, and received voluntary auction on October 26, 2016 and other voluntary auction orders on November 14, 2016.

(2) The Plaintiff, a special purpose company established pursuant to the Asset-Backed Securitization Act, transferred the secured debt related to each of the said secured claims to the Plaintiff and registered the transfer thereof with the Financial Supervisory Service. The Plaintiff succeeded to the instant auction procedure as the transferee of each of the said secured claims, as the transferee of each of the said secured claims.

In the instant auction procedure, I applied for a report on rights and demand for distribution on January 19, 2017, stating that “F on September 5, 2016, and the instant apartment, KRW 20 million, monthly rent of KRW 100,000,000, and the term of lease from September 5, 2016 to September 4, 2018 (hereinafter “instant lease contract”),” and the Defendants filed an application for a re-lease contract with respect to each of the instant apartment units as “Defendant B’s September 5, 2016, and Defendant C filed an application for a re-lease contract with respect to each of the instant apartment units, including KRW 10 million, monthly rent of KRW 200,00,000, KRW 200,000, KRW 100,000, from September 9, 2016 to September 4, 2018.”

The amount of dividends on the grounds of the distribution order of creditors (won) shall be 10,000,000,000 first priority lessee to Defendant B 10,000,000.

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