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(영문) 서울동부지방법원 2015.04.16 2014가합101239
배당이의
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On February 3, 2009, the registration of preservation of ownership was made under G on February 3, 2009 with respect to the F apartment and 136 Dong 1801 (hereinafter “the instant real estate”), Songpa-gu Seoul, Songpa-gu, Seoul, and the Korea Standards-based Bank (hereinafter “Seoul Bank”) obtained the registration of establishment of a collateral of KRW 660 million with respect to the instant real estate from the same day.

B. As to the instant real estate, the following lease contract (hereinafter “instant contract”) entered into between the Plaintiff and G as of May 5, 2009. On October 16, 2009, the Plaintiff obtained a fixed date and made a move-in report on the instant real estate on the same day.

A lessor's agent H lessee: The period of lease of KRW 500 million: From May 13, 2009 to May 13, 2011.

C. Meanwhile, the Defendants: (a) lent money between June 10, 201 and October 31, 201 to G, with respect to the instant real estate in order to secure the loan’s claim; and (b) obtained each right to collateral security as follows.

The maximum debt amount of Defendant C75 million won on June 10, 201, which was KRW 150 million on June 10, 2011, and KRW 150 million on June 10, 2011, Defendant DD 150 million on June 29, 2011, and KRW 475 million on September 22, 2011, KRW 375 million on September 22, 2011, KRW 375 million on September 31, 2011.

D. However, on September 21, 2012 upon the application of the Japan Bank, the voluntary auction procedure was initiated regarding the instant real estate (Seoul Eastern District Court E), and the instant real estate was sold to J on January 2, 2014.

E. On February 21, 2014, the said auction court opened a date of distribution on February 21, 2014, prepared a distribution schedule with the content of distributing KRW 1,145,303,300 as indicated below.

1,254,560 Delivery Authority (relevant tax) 1,254,560 Delivery Authority (relevant tax) 1,254,560 1, Songpa-gu Seoul Special Metropolitan City 6,764,000 Attachment Authority (relevant tax) 6,764,00 for priority creditors (relevant tax).

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