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(영문) 수원지방법원안양지원 2016.06.02 2015가단106255
배당이의
Text

1. It was prepared on May 27, 2015 by the said court with respect to the auction case of the D's real estate in the Suwon District Court Ansan Branch.

Reasons

1. Basic facts

A. In order for the National Bank Co., Ltd. to secure the claim for loans to E, the instant real estate was completed with respect to a factory building with the size of 573m2 and 4m2 on the land (hereinafter “instant real estate”, including factory site and factory building, which is the total maximum debt amount of 189,80,000,000. On December 16, 2011, it transferred the instant secured debt and mortgage to the Plaintiff and notified E of the assignment of the claim by means of a certificate with a fixed date.

B. On May 9, 2014, the Plaintiff filed an application for a discretionary auction of real estate regarding the instant real estate and filed a decision to commence the auction (hereinafter referred to as “instant auction”). On May 27, 2015, the court of execution prepared a distribution schedule (hereinafter referred to as “instant distribution schedule”) stating that the Defendants are the lessee of small amount under the Housing Lease Protection Act in the distribution date of the instant auction on May 27, 2015, each of the Defendants in the first priority order, on the ground that the Defendants constituted a lessee of small amount under the Housing Lease Protection Act, and that the Defendants are the lessee of small amount under the Housing Lease Protection Act, the second priority order, and KRW 6,124,840, and 6,840, the third priority order, and the third priority order, to the Plaintiff, who is the creditor-mortgage and the mortgagee-mortgage,

C. The Plaintiff appeared on the aforementioned date of distribution, stated an objection against the total amount of the dividend to the Defendants, and thereafter filed a lawsuit of demurrer against the instant distribution on June 2, 2015, which was within seven days thereafter. The Plaintiff’s claim against E is KRW 4,239,862,493 in total, KRW 2,271,597,742, interest 1,968,264,751 as of May 27, 2015.

On the other hand, as to E, the decision to commence the rehabilitation procedure was made on September 30, 2010 by Suwon District Court 2010dan56, and on July 11, 201, the rehabilitation plan was approved on March 25, 2011, and the decision was finalized on April 9, 2014 after the decision to discontinue the rehabilitation procedure was made on April 25, 2014, and on the same day, the Suwon District Court 2014dan2148 was declared bankrupt.

[Ground of recognition] There is no dispute.

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