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(영문) 서울북부지방법원 2015.04.21 2014가단34376
배당이의
Text

1. Of the distribution schedule prepared by the above court on August 22, 2014 with respect to the Seoul Northern District Court C real estate auction case.

Reasons

1. Basic facts

A. On August 30, 2004 and July 21, 2008, Han Bank Co., Ltd. is a creditor who created a right to collateral security of KRW 324 million, totaling the maximum debt amount with respect to No. 301, Dong 403, Nowon-gu, Seoul Special Metropolitan City (hereinafter “Plaintiff”) owned by the Plaintiff.

On December 16, 2013, a limited-liability company specialized in the fourth securitization, which is the assignee of one bank, applied for voluntary auction of the above real estate in this court as C on December 16, 2013, and the decision of voluntary auction was issued on December 17, 2013.

B. On August 22, 2014, the auction court prepared a distribution schedule of KRW 690,100 to Nowon-gu, Seoul Special Metropolitan City, which is a tax claimant, regarding the distributable amount of KRW 417,513,608 on August 22, 2014; KRW 324,000,000 to a limited-liability company specializing in the fourth asset-backed securitization, which is the first collateral security creditor; KRW 40,000,000 to the defendant under the premise that the defendant is the second collateral security creditor (hereinafter “instant collateral security”); and KRW 52,823,508 to the new mutual savings bank, which is the next priority collateral security creditor, respectively.

C. Accordingly, the Plaintiff raised an objection against the Defendant’s dividend on the date of distribution, and filed the instant lawsuit on August 28, 2014.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion was made by borrowing KRW 30 million from E on April 11, 201, and at his/her request, set up a collateral security in the name of the Defendant. Therefore, the said dividend that the Defendant assumes as the obligee of the instant collateral security is unreasonable.

B. On April 11, 2011, the Defendant claimed that the Defendant paid 30 million won interest per annum to the Plaintiff, 30% interest per annum, and 277.5 million won after deducting the interest accrued while lending 30 million won to the Plaintiff with the maturity of 3 months, and 2,7750,000 won, which was paid interest for five months. As such, the amount of the claim secured by the right to collateral security of this case shall be 56250,000 won, it is justifiable to distribute

3. Determination

A. Lawsuit of demurrer against the distribution

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