logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2015.10.15 2015가단12335
배당이의
Text

1. In the Seoul Northern District Court B real estate auction case, the distribution schedule prepared by the said court on March 27, 2015 is included.

Reasons

1. The following facts may be acknowledged in light of the overall purport of the pleadings in each of the evidence Nos. 1 to 7, and No. 2 as evidence No. 1 to 7, and No. 2.

On March 12, 2013, the Plaintiff, while lending KRW 200 million to C, set up a collateral security (hereinafter “instant collateral security”) on the same day with respect to the attached real estate indicated on C owned as the collateral (hereinafter “instant real estate”), which is the maximum debt amount of KRW 260 million, the debtor C, and the Plaintiff, the mortgagee of the right to collateral security (hereinafter “instant collateral security”).

B. Since the Plaintiff was unable to obtain a loan from C, the Plaintiff filed an application for voluntary auction on the instant real estate based on the instant collateral security (Seoul Northern District Court B) on August 20, 2014, and registered the attachment price in the Republic of Korea on August 6, 2013 and the attachment of the National Health Insurance Corporation by the right holder on August 29, 2014 on the instant real estate.

C. However, as of May 5, 2014, the sales price of the instant real estate was KRW 227.5 million from KRW 257.5 million to KRW 257 million, and the former price was KRW 170 million to KRW 185 million from KRW 100 million. On May 5, 2014, the Defendant entered into a contract with C to lease the instant real estate with KRW 27 million, monthly rent, KRW 200,000,000 from May 9, 2014 to May 8, 2016 (hereinafter referred to as “instant lease”), and paid KRW 3 million on the date of the contract by entering into an agreement to pay the remainder of KRW 10,000,000 as a lump sum payment, and thereafter, the Defendant paid KRW 3 million on the date of the contract.

9. Payment of a balance and a ten-month difference was made by receiving a fixed date and making a move-in report.

On March 27, 2015, the above court made a distribution schedule by giving priority to the defendant on the ground that he/she is a small lessee, and by paying 440,520 won to the Seongbuk-gu Seoul Metropolitan Government, which is a holder of the right to deliver, and distributing 227,849,067 won to the plaintiff, who is a mortgagee, as a holder of the right to deliver, and the plaintiff is above.

arrow