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(영문) 서울서부지방법원 2019.11.26 2019가단228172
배당이의
Text

1. The Seoul Western District Court B’s distribution schedule prepared on June 20, 2019 with respect to the auction case of real estate B by the said court.

Reasons

1. Basic facts

A. In order to secure the principal and interest of loans related to the credit transaction agreement against C Co., Ltd. (hereinafter “C”), the Plaintiff acquired additional collateral security as to the above ground building (hereinafter “instant building”) with the Seoul Western District Court No. 5697, Nov. 26, 2014, as the Seoul Western District Court received No. 5697, Nov. 26, 2014, to secure the first priority mortgage and the same claim against the first priority mortgage (hereinafter “instant building”) as to the instant land (hereinafter “first priority mortgage”). The Plaintiff acquired additional collateral security as of Mar. 13, 2018, as of May 28, 2015, with the maximum debt amount of 2,760,000,0000, and as of May 20, 2015, to secure additional collateral security as to the instant building (hereinafter “first priority mortgage”).

(hereinafter referred to as "second priority mortgage"). (b)

Afterward, the instant land and buildings (hereinafter “each of the instant real estate”) were sold en bloc at the auction procedure of real estate auction commenced in Seoul Western District Court B upon the Plaintiff’s request for auction, which was the mortgagee, and the date of distribution on June 20, 2019 was proceeding.

C. The Plaintiff and the Plaintiff’s successor received each dividend of KRW 4,920,00,00, out of KRW 7,782,549,268, as the first mortgagee of the amount to be actually distributed on the date of distribution of the said auction case ( KRW 259,032,861, KRW 4,660, KRW 967, KRW 139, as the first mortgagee of the Korea Technology Finance Corporation and the Korea Technology Finance Corporation pursuant to the agreement on June 12, 2019, and KRW 1,981, KRW 12,982,980 (the amount divided by Plaintiff 1 in proportion to Plaintiff 9: the Korea Technology Finance Corporation according to the agreement on June 12, 201).

Meanwhile, the Defendant received dividends of KRW 23,952,364 as the person holding the provisional seizure on the instant building.

The distribution schedule (unit: source) 1/24,638,600 of the distribution amount for the reasons of distribution order of the creditors of the amount of credit (the pertinent tax) 1/24,638,600 of the distribution amount (the pertinent tax) 137,868,790 of the old Tax Office (the investigation) 24,638,600 of the distribution amount.

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