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(영문) 수원지방법원 2016.11.17 2015가단141317
배당이의
Text

1. Defendant among the distribution schedule prepared on November 13, 2015 by the said court with respect to the Suwon District Court D's D's auction of real estate.

Reasons

1. Basic facts

A. In order to secure the claim against E (hereinafter “E”), the Industrial Bank of Korea completed the registration of creation of a mortgage over KRW 480,000,000 with the jointly secured maximum debt amount on March 28, 2014, using the land located in the F in terms of harmony and the building on its ground (hereinafter “instant real estate”).

B. On October 24, 2014, the Industrial Bank of Korea filed an application for auction of the instant real estate with the Suwon District Court D (hereinafter “instant auction procedure”) with respect to the instant real estate based on the foregoing collateral security on October 24, 2014, and the said court rendered a ruling to commence auction on October 27, 2014.

C. Meanwhile, on December 4, 2014, the Industrial Bank of Korea sold its claims against E to the Yonhap Asset Management Co., Ltd., and the Plaintiff acquired the status of purchaser of the Yonhap Asset Management Co., Ltd. on December 29, 2014.

After the conclusion of the above contract, the Industrial Bank of Korea has given two times notice of assignment of claims and notice of examination No. 2 in accordance with the procedure of assignment of claims under the Asset-Backed Securitization Act, and the Plaintiff acquired all claims and right to collateral security against E by completing the procedure for registration with the Financial Supervisory Service in accordance with the special provisions on the acquisition of mortgage.

Defendant A and G, H, I, J, and K (hereinafter “Defendant A, etc.”) were appointed parties to the instant auction procedure on January 6, 2015, and submitted a claim statement of the claim amounting to KRW 56,600,000 in total amount of the top priority wage claim to the auction court of the instant auction procedure as an employee E., and made a demand for distribution.

E. On January 17, 2015, Defendant B filed a report on the right and demand for distribution on January 7, 2015, asserting that “each lease period of the instant building, one building, and two buildings among the instant real property, was determined as KRW 10,00,000, and the lease deposit was leased from E.”

F. In the instant auction procedure, KRW 427,778,673, which was deducted from the execution cost, was actually distributed.

The court of auction on November 13, 2015.

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