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(영문) 춘천지방법원영월지원 2015.02.12 2014가합286

배당이의

Text

1. A distribution schedule prepared by the said court on May 23, 2014 with respect to the Chuncheon District Court’s monthly-supporting D real estate auction cases.

Reasons

1. Basic facts

A. On December 27, 1994, A completed the registration of ownership transfer with respect to the share of 19170/198 of Gangwon-gun E Forest, Gangwon-gun, 63267 square meters on the grounds of sale and purchase. On October 10, 2005, Gangwon-gun E Forest E, Gangwon-gun, Gangwon-gun, 63267 square meters of forest land was divided into the E forest land of 5900 square meters on October 10, 2005 and F forest land of 3367 square meters.

In addition, on June 10, 1995, A completed the registration of transfer of ownership on the ground of sale with respect to 1878 square meters (hereinafter “G”).

(hereinafter referred to as “each of the instant real estates” by combining E and G.

H On November 18, 1997, with respect to G and Gangwon-gun E-gun of Forestry, 63267 square meters of forest land and 3803 square meters of forest land in Gangwon-do (hereinafter “I”), on the ground of a contract to establish a collateral security (hereinafter “instant mortgage contract”) on November 17, 1997, H completed the registration of creation of a collateral security (hereinafter “instant collateral security”) with the debtor J as the debtor.

In addition, on September 5, 1997, H completed the registration of the creation of a collateral security (hereinafter “instant collateral security”) with the maximum debt amount of KRW 50 million with respect to the 374 square meters in K, Seowon-gun, Gangwon-gun, Seowon-gun, Gangwon-do, L), the 324 square meters in size (hereinafter “L”), and the 304 square meters in size (hereinafter “M”) with the debtor J. (hereinafter “instant collateral security”).

(hereinafter referred to as “each of the instant collateral security” in combination with the instant collateral security and the instant collateral security.

On June 13, 2013 and June 10, 2013, the Defendant completed the registration of the transfer of the right to collateral security under H in the name of E, I, and K due to the transfer of the confirmed claim on June 10, 2013, and completed the registration of the transfer of the right to collateral security under H in the name of G and L and M due to the transfer of the right to collateral security on June 10, 2013.

On September 5, 2013, upon the Defendant’s application for the registration of transfer of each of the instant collective security rights, the instant real estate had commenced the voluntary auction procedure D with I, K, L, and M in Young-gu Branch of the Chuncheon District Court (hereinafter “instant auction”). The E’s appraisal value in the said auction procedure was 43,876.