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(영문) 서울남부지방법원 2015.06.18 2015나50021
배당이의
Text

1. The part concerning the conjunctive claim in the judgment of the first instance shall be revoked;

Gangseo-gu Seoul Metropolitan Government between the defendant, C and D.

Reasons

1. Basic facts

A. On April 8, 2009, Solomon Mutual Savings Bank Co., Ltd. borrowed a loan to C as indicated below and shared 1/2 shares with C and D for the purpose of securing the loan (hereinafter “the apartment of this case”) with the registration of the establishment of a mortgage over the maximum debt amount of 47,000,000 won and the debtor C with respect to the 708 shares of Gangseo-gu Seoul Gangseo-gu, Seoul, which were jointly owned by C and D (hereinafter “the apartment of this case”).

on April 8, 2012, 200, KRW 298,000,000 on April 8, 2012, 201, the details of collateral for the expiry date of credit extension, which is the date when the credit is agreed on the extension date of the credit, 〃 79,500,000 on the apartment loan of this case

B. On September 6, 2012, Korea Financial Savings Bank transferred the above loan-related contract from Solomon Mutual Savings Bank, and completed the supplementary registration prior to the instant collateral security on January 21, 2013. Based on the instant collateral security, it filed an application for the auction of real estate with Seoul Southern District Court B, and on March 5, 2013, the decision on voluntary commencement of auction was completed.

The Korea Financial Savings Bank, while the auction procedure is in progress, transferred the claim for the loan to the Plaintiff, and the creditor in the above voluntary auction case was changed from the Korea Financial Savings Bank to the Plaintiff. The Plaintiff reported the secured debt of the instant collateral security to the Plaintiff as principal amounting to KRW 377,50,00,00, interest amounting to KRW 160,973,149, total amounting to KRW 538,473,149.

C. Meanwhile, on May 13, 2013, prior to the completion period to demand a distribution in the above voluntary auction procedure, the Defendant asserted that he was the lessee who leased the instant apartment in the rent deposit amounting to KRW 30 million, and submitted a report on the right and a written application for demand for distribution.

On October 16, 2013, on the date of distribution implemented on October 16, 2013 in the case of voluntary auction, the Defendant first order 20 million won to the Defendant on the ground that he is a tenant of small claims under the Housing Lease Protection Act, and 439,920 won to the Gangseo-gu Office (the pertinent tax), and the Plaintiff, the applicant creditor and the mortgagee, shall second order to the Plaintiff.

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