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(영문) 서울중앙지방법원 2016.10.14 2015가합568911
배당이의
Text

1. With respect to the Seoul Central District Court C and D (Dual) auction case, the same court on October 15, 2015.

Reasons

1. Basic facts

A. 1) Party E is a company operating accommodation business, etc., Nonparty F is a representative director, and Nonparty G is an internal director, respectively. 2) Each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) is a land and a building consisting of a hotel operated by E (hereinafter “instant hotel”).

3) From April 2012, F: (a) the real estate listed in [Attachment List 1, 12, 13, and 14; and (b) the limited liability company H (the representative G; hereinafter “H”)

(B) The real estate listed in the separate sheet Nos. 2 through 11 was owned by the owner, and the real estate listed in the separate sheet No. 15 was jointly owned by F and H.

(hereinafter “the instant loan” or “the instant loan” (hereinafter “the instant loan”). F and H offered each of the instant real estate as collateral for the above loan obligation, and the Seoul Central District Court’s mid-gu District Court’s registry office (the competent registry office is the same as all of the instant real estate, and is exempt from this case’s loan).

(2) On April 4, 2012, the registration of creation of a mortgage (hereinafter “mortgage”) or “registration of creation of a mortgage (hereinafter “registration of creation of a mortgage”) was completed, which is the debtor, E Co., Ltd., and one bank (hereinafter “mortgage”) or the “registration of creation of a mortgage of this case”).

(3) Moreover, on April 4, 2012, F and H concluded a mortgage agreement on each of the instant real estate with Korea Standards (hereinafter “Korea Standards Agency”) with the Korea Standards Bank. With respect to each of the instant real estate, each of the instant real estate was received on April 4, 2012 in the same order as the instant mortgage.

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