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(영문) 서울중앙지방법원 2015.10.07 2015가단60465
배당이의
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. (1) On October 18, 2007, with respect to the land and building in Gwanak-gu in Seoul Special Metropolitan City (hereinafter “instant real estate”), owned by the Plaintiff, the establishment registration of the right to collateral security (hereinafter “mortgage 1”) was completed with respect to the land and building in Seoul Special Metropolitan City F, which were owned by the Plaintiff, and the right to collateral security (hereinafter “mortgage 1”) was transferred to Defendant B on July 8, 2013.

In addition, on March 5, 2009, the maximum debt amount of KRW 52,500,000 and the right to collateral security (hereinafter “the right to collateral security”) against Defendant C was established.

(2) On February 20, 2013, the decision to commence a voluntary auction (Seoul Central District Court D) was made on February 20, 2013 with respect to the instant real estate upon the application of the mortgagee, and the procedure was initiated on March 25, 2015. On March 25, 2015, KRW 305,535,936 subtracting the execution cost from the sale price, etc. from the open date of distribution, was preferentially distributed to the relevant taxes and senior mortgagee, and the first mortgagee of the instant case, first priority over the third priority, distributed the amount of KRW 30,00,000 to Defendant C, who is the second mortgagee of the instant case, the maximum debt amount of KRW 52,50,00,00 each of which is the maximum debt amount, and distributed the remainder to the mortgagee of the said second mortgagee and the right to make a provisional registration, a distribution schedule was

(3) The Plaintiff appeared on the aforementioned date of distribution, and raised an objection against the said dividend by the Defendants, and filed a lawsuit of demurrer against distribution on April 1, 2015, within one week thereafter.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 8, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff borrowed KRW 200 million from G to pay KRW 200 million in total, including the principal amount of KRW 200 million, interest KRW 200 million, and brokerage fee of KRW 100 million, and issued a notarial deed of promissory note 500 million in addition to the issuance of the certificate of borrowing KRW 200 million.

(2) G refers to the seizure, collection order, and real estate of the Plaintiff’s expiration date.

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