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(영문) 서울중앙지방법원 2015.06.24 2014가단5177699
배당이의
Text

1. Of the distribution schedule prepared on June 11, 2014 by the Seoul Central District Court with respect to F real estate auction cases.

Reasons

1. Basic facts

A. On December 4, 2007, in order to secure the loan of KRW 400 million on August 14, 2007 to the J Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) and KRW 900 million on December 4, 2007, the National Bank established a collateral security right of KRW 1,170,00,000 on each of the Seoul Northern District Court’s receipt of Dongdaemun-gu Branch of Seoul Northern District Court with KRW 69136, the maximum debt amount of KRW 1,170,00,000 on the housing and neighborhood living facilities owned by the Nonparty Co., Ltd. (hereinafter “instant real property”).

B. As the non-party company did not pay the above loans, on October 22, 2012, the National Bank of Korea applied for the commencement of the auction to the F of this Court (hereinafter “instant auction procedure”) on the instant real estate.

C. On December 4, 2012, the National Bank Co., Ltd. transferred the above loan claims against the non-party company to the non-party company. On December 28, 2013, the Yonhap Asset Management Co., Ltd. transferred the above claim to the Plaintiff.

On January 21, 2013, the Plaintiff succeeded to the National Bank Co., Ltd. and participated in the auction procedure of this case.

In the auction procedure of this case, Defendant A, Selected G, H, and I asserted that they were the workers of the non-party company, and they did not receive retirement allowances from the non-party company, and Defendant B, C, D, and E filed each report on their rights and demand for distribution by asserting that they were small lessees under the Housing Lease Protection Act of this case.

E. The above auction court shall determine the amount to be actually distributed on June 11, 2014, which is the date of distribution, as KRW 928,29,310, and shall set the first priority wage creditor as indicated in the attached list, and shall distribute the amount to Defendant A, as the first priority wage creditor, KRW 1,791,685, and KRW 4,565,423, and KRW 5,620,918 to the Selection, and KRW 5,619,834 to the Selection, and distribute the amount to Defendant B, C, D, and E as a lessee of small security deposit, to KRW 16,00,00,000, respectively.

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