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(영문) 서울서부지방법원 2015.04.29 2014가단49336
배당이의
Text

1. Of the distribution schedule prepared on December 15, 2014 with respect to the auction case of B real estate in this Court, the defendant is the defendant.

Reasons

1. Basic facts

A. On July 28, 2010, the National Federation of Korea established the right to collateral security and the change of creditors with respect to C’s land and ground buildings owned by the Plaintiff, Seodaemun-gu Seoul, Seoul, the maximum debt amount of which is KRW 114,816,00, and Seodaemun-gu, Seoul, Seodaemun-gu, Seoul, 206 (hereinafter “instant real estate” collectively hereinafter), set the right to collateral security amount of KRW 7,184,00 with respect to C’s land and ground buildings.

At the request of the National Federation of Fisheries Cooperatives, on March 5, 2013, the National Federation of Fisheries Cooperatives transferred the right to collateral security to the Defendant during the process of auction on the real estate B in this case, which was commenced on March 5, 2013, and the Defendant reported the creditor’s change to the court on April 18, 20

B. On May 2, 2013, the Plaintiff filed an application for commencement of individual rehabilitation procedures with the Seoul Central District Court on May 2, 2013, and received the decision to authorize the repayment plan on October 14, 2013. On April 10, 2014, the creditors did not file an immediate appeal against the decision to authorize the repayment plan.

According to the repayment plan authorized by the Seoul Central District Court, the Defendant, the holder of the right to separate settlement, as a mortgagee, can receive KRW 192,00,000,000 as a sum of the maximum debt amount, and the E, the holder of the right to separate settlement, who is the holder of the right to separate settlement, as a mortgagee

C. Of the amount to be actually distributed on December 15, 2014, this court drafted a distribution schedule with the content that: (a) KRW 192 million, the maximum debt amount, 200 million, among the amount to be actually distributed on December 15, 2014; (b) KRW 21,710,820, in Seodaemun-gu, the second mortgagee, the third mortgagee; (c) KRW 24,916,513, interest exceeding the maximum debt amount of the right to collateral security; and (d) KRW 76,943,803, which is the Plaintiff, the debtor and the owner of the right to collateral security, shall be distributed to the Defendant, the second mortgagee; and (e) KRW 24,916,513, interest exceeding the maximum debt amount of the right to collateral security.

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