logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2016.08.23 2015가단136181
배당이의
Text

1. A distribution table prepared on December 18, 2015 by the above court with respect to the case of a voluntary auction of real estate B by the Seoul Eastern District Court.

Reasons

1. Basic facts

A. When lending a loan to Nonparty D, the Nonparty Bank Co., Ltd. (hereinafter “Korea Bank”) completed the registration of creation of a mortgage for each apartment as indicated in the separate sheet owned by D (hereinafter “instant apartment”) with respect to the obligor D, the mortgagee bank, the Maximum debt amount of KRW 672,00,000,000, and the maximum debt amount of KRW 240,000,000.

B. In the auction procedure commenced on September 15, 2014, our bank filed an application for voluntary auction with the Seoul Eastern District Court B(hereinafter “instant auction”) as a creditor with respect to the instant apartment, and the Plaintiff acquired the secured debt of each of the above secured debt from our bank from our bank to the above creditor in the above court. The Defendant (Appointed Party) and the appointed party C (hereinafter “Defendant”) filed a report on the change of the creditor with the above creditor in the above court, and filed a report on the right and demand for distribution as a small lessee with the claim to return the lease deposit amount of KRW 41 million and KRW 45 million.

C. In the distribution procedure of the instant auction, this court prepared a distribution schedule with the same content as that stated in the attached Table (hereinafter “instant distribution schedule”). D.

On December 18, 2015, the Plaintiff appeared as a creditor on the aforementioned date of distribution, and raised an objection against each of the dividend amounts against the Defendants among the instant distribution schedule. On December 24, 2015, the Plaintiff filed a lawsuit of demurrer against distribution with the instant court on December 24, 2015, within seven days from the said date of distribution.

[Ground of recognition] Facts without dispute, Gap 1 through 3, 5, and 8; the purport of the whole pleadings

2. Judgment on the primary cause of the claim

A. The plaintiff alleged by the parties concerned is the most lessee who does not have paid the lease deposit for the apartment of this case to D, and does not actually reside in the apartment of this case. Thus, the amount of dividends to the defendants in the distribution schedule of this case shall be KRW 0,000,000,000, and the amount of dividends to the plaintiff shall be KRW 639,874,853.

arrow