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(영문) 대전지방법원 2018.05.30 2017가합107678

배당이의

Text

1. Of the distribution schedule prepared on November 29, 2017 by the same court with respect to the case of compulsory auction of D real estate by the Daejeon District Court.

Reasons

Basic facts are those who registered provisional seizure of KRW 50,00,00 in the amount claimed by the Seoul Central District Court on July 8, 2004 (No. 97Kadan13653) and registered provisional seizure of KRW 1,269 square meters (hereinafter “the real estate of this case”) for the purpose of preserving the loan claims against the deceased E, and Defendant B made the registration of establishment of a neighboring mortgage (hereinafter “mortgage”) with respect to the real estate of this case with the obligor E.

As the wife of the network E, Defendant C was issued four copies of Promissory Notes (the total face value of each Promissory Notes is KRW 123,140,000,000 on July 5, 1997, the due date for payment, KRW 28,190,00 on December 12, 1995, the due date for payment, KRW 28,190,000 on June 29, 1997, the face value is KRW 49,250,000 on June 19, 197, and the due date is KRW 123,140,000 on March 19, 195 (the total face value of each Promissory Notes is KRW 123,140,00 on March 19, 195).

In addition, on July 2, 2004, Defendant C prepared a debt certificate stating that “In order to verify and secure the existence of a debt such as the instant promissory note, Defendant C shall make a provisional registration (sale reservation) on the instant real estate owned by E” from the network E.

On July 8, 2004, Defendant C made a provisional registration of security on July 2, 2004 for the instant real estate on the basis of the above claim.

On the other hand, when the deceased on May 19, 2016, his children G, H, and I renounced their inheritance, and Defendant C, the wife of the deceased E, was adjudicated to accept the report of qualified acceptance of inherited property as Seoul Family Court 2016-Ma5977.

At the request of the Plaintiff, the instant real estate was sold in the procedure of compulsory auction (hereinafter “instant auction procedure”) of the real estate established as Daejeon District Court D with respect to the instant real estate.

In the auction procedure of this case, Defendant C shall pay the total amount of KRW 123,140,000 and the total amount of KRW 123,140,000, which have been endorsed and delivered as the debt certificate, as well as the payment from July 2, 2004.