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(영문) 수원지방법원여주지원 2015.10.08 2014가합1989
배당이의
Text

1. The plaintiff (appointed party)'s claim is all dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Common factual relations;

A. Each real estate listed in the separate sheet of real estate (hereinafter collectively referred to as “each of the instant real estate”), and only one of the real estate was owned by E in order, and the ownership was transferred to F on January 18, 2002, and to G (H prior to the opening of the name) on February 16, 2012, respectively.

Each real estate of this case was created, respectively, the right to collateral security with the maximum debt amount of 338 million won on November 14, 1989 (However, the building of this case was additionally established on May 8, 1990), the maximum debt amount of 286 billion won on June 17, 1995, and the maximum debt amount of 240 million won on May 20, 1998 and the right to collateral security of 525 million won on February 16, 2012, each of which was established as the right to collateral security with the Defendant A as the right to collateral security, and the right to collateral security with the maximum debt amount of 525 million won on February 16, 2012.

B. On July 24, 2003, the Defendant bank filed an application for auction of real estate rent B with the Suwon District Court Branch Branch B on the same day on the basis of each of the above collateral security rights, and received the decision to commence auction on the same day.

C. In the above auction procedure, C, on October 29, 2013, based on the original copy of the promissory note No. 149 of 2012 and the original copy of the payment order No. 201j2296 of the Seoul Eastern District Court (Seoul Eastern District Court), the appointed party D, on October 30, 2013, made a demand for distribution on the basis of the original copy of the promissory note No. 260 of 2010, a notary public on October 30, 2013.

On the other hand, the Plaintiff, based on the title of execution against the Appointor C, received the claim attachment and collection order as Seoul Eastern District Court 2014TT 21607 with respect to KRW 519,203,00, out of the amount to be distributed by the Appointor C in the above auction procedure.

On August 13, 2014, the above auction court distributed KRW 755,573,425 to the defendant bank, each of whom was the senior mortgagee, and KRW 50,496,96 to the defendant bank, respectively, on the date of distribution open on August 13, 2014. The court prepared a distribution schedule with the content that the plaintiff and the designated parties did not make any distribution at all, and C to the defendant bank.

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