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(영문) 부산지방법원 2018.09.19 2016가합44656

배당이의

Text

1. The main part of the lawsuit in this case shall be dismissed.

2. The plaintiff's conjunctive claim is dismissed.

3...

Reasons

1. Facts of recognition;

A. The Intervenor’s intervenor acquiring the ownership of each of the instant real estate in question completed the registration of ownership transfer in his/her future with respect to each of the instant real estate listed in the separate sheet Nos. 1 through 3 on October 25, 2013 and March 20, 2014, and June 30, 2014 (hereinafter “each of the instant real estate”).

B. 1) The Intervenor’s right relationship with each of the instant real estate is deemed to be the “priority mortgage” with respect to each of the instant real estate as indicated in the following table 1, from October 25, 2013 to July 9, 2014: < Amended by Presidential Decree No. 2428, Oct. 1, 2013>

2) In the order, only a part of the registration of establishment was completed for some real estate.

(1) On March 31, 2015, with respect to the right to collateral security set forth in the table 1, the supplementary registration for partial transfer of the right to collateral security was completed in the O’s future on the grounds of partial transfer of the right to collateral security. On October 25, 2013 or June 30, 2014, the Intervenor G Co., Ltd. G Co., Ltd. G on May 21, 2014, KRW 1,080,000,000, H30 on June 30, 2014, the Plaintiff completed the provisional attachment order set forth in the table 30,000,000 for the Intervenor G Co., Ltd., Ltd. on the basis of the provisional attachment order set forth in the table 1 as KRW 4,00,000,000 on July 370, 2014, 100, 2014

(3) As indicated in Table 2, the Intervenor is entitled to sell and purchase reservations on September 1, 2014 (hereinafter “the instant provisional attachment”) with respect to some portion of the instant immovable property to the Defendants, as indicated below.

(2) The provisional registration of ownership transfer registration on the ground of the provisional registration of ownership transfer (hereinafter “provisional registration of this case”).

Based on the above provisional registration, the sale on April 6, 2015 (hereinafter referred to as "the sale") was completed.