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(영문) 서울서부지방법원 2018.11.02 2018가단221921
배당이의
Text

1. The Seoul Western District Court C’s distribution schedule prepared on June 22, 2018 with respect to the auction of real estate by the said court.

Reasons

1. Facts of recognition;

A. On July 9, 2010, the Plaintiff borrowed a total of KRW 420 million from the Defendant, KRW 172 million, KRW 650 million, and KRW 655,500,000 from KRW 63.5 million, and on the same day, granted the Defendant a right to collateral security (hereinafter “instant real estate”) with respect to the Plaintiff, the maximum debt amount of KRW 54 million, and KRW 312 million, in order to secure the above loan obligations.

B. On August 29, 2013, the Defendant filed an application for voluntary auction on the instant real estate with the Seoul Western District Court C based on the foregoing collateral security, and rendered a voluntary decision to commence auction on August 30, 2013.

(hereinafter “Discretionary Auction Procedure”). C.

On May 20, 2014, after the commencement of the instant voluntary auction procedure, the Plaintiff filed an application for commencement of individual rehabilitation procedures with the Seoul Central District Court 2014da101661 (at present, the jurisdiction was changed to the Seoul Rehabilitation Court), and was decided to authorize the repayment plan on October 22, 2014, and was decided to authorize the commencement of individual rehabilitation procedures on July 11, 2017.

Until now, individual rehabilitation procedures have not been abolished.

The auction procedure of this case was suspended due to the decision to commence the above individual rehabilitation procedure against the plaintiff, and continued again by the decision to authorize the repayment plan. The real estate of this case was sold on May 16, 2018.

E. 1) Of the amount to be distributed actually on June 22, 2018, the above auction court distributes the amount of KRW 81,6 million (i.e., KRW 5., KRW 312 billion), which is the maximum debt amount, to the Defendant, who is the applicant creditor (the mortgagee) among KRW 958,98,834, which is the amount to be distributed actually on June 22, 2018, (i.e., KRW 5.4 billion), to the Yongsan-gu, which is the right to deliver (the relevant tax, etc.), KRW 1,418,490, and KRW 25,00,000, which is the third priority to F, which is the lessee of the fixed date, and distributes the remainder KRW 116,570,344, which is the Defendant, the applicant creditor (general creditor) (hereinafter “instant distribution schedule”).

(2) On June 22, 2018, the Plaintiff appeared on the date of distribution and raised an objection against the part apportioned in excess of the maximum debt amount set forth in the fourth order.

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