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(영문) 청주지방법원 2019.01.10 2018가합159

배당이의

Text

1. A distribution schedule prepared on March 7, 2018 by the Cheongju District Court H and I with respect to voluntary auction cases of real estate.

Reasons

1. Basic facts

A. K, along with L, M, etc., a new hotel construction project located in JJ in the Chungcheongnam-gun in Chungcheongnam-do, is a person who has promoted a new hotel construction project (hereinafter “instant project”) with 9,812 square meters of forest land in Chungcheongnam-gun (hereinafter “instant land”) via N (O) a stock company.

B. The establishment and transfer of the establishment registration of the neighboring mortgage on the instant land and the Plaintiff’s provisional seizure 1) on the instant land for which the ownership transfer registration has been completed under the name of the said company was completed, Cheongju District Court No. 21028, Nov. 10, 1994, which was received on November 10, 1994, filed for registration of the establishment of a neighboring mortgage with Q Qu, the debtor, K, the maximum debt amount of KRW 1,00,000. (2) As to the registration of the establishment of a neighboring mortgage on Q Q, the additional registration of the transfer of each right to collateral security was completed on June 9, 2009 by the above registry office No. 11863, Jun. 9, 2009

Since then, from the registration of transfer of the above right to collateral security by Defendant B and C, the additional registration of partial transfer of shares was completed for the following reasons: (A) The registration of transfer of the right to collateral security by Defendant B was completed on August 19, 2009 with the amount of transfer KRW 200,000,000 on the ground of the “Partial Transfer of Claim”; (2) The defendant C completed the additional registration of partial transfer of the right to collateral security by the aforesaid registration office as of July 23, 2010 with the amount of transfer KRW 20,000,000,000 on the ground of the “Partial Transfer of Claim”; and (b) the registration office of the right to collateral security by Defendant C completed the additional registration of partial transfer of shares as of June 24, 2010 with the amount of transfer KRW 20,000,000,000 on the ground of the above registration office’s additional registration as to the transfer of shares as of Defendant C’s KRW 160,050,05.

(2) Defendant G is the Defendant C’s share, with the transfer amount of KRW 190,00,000, on the ground of “Partial Assignment of Claim” as the receipt of the foregoing registry on August 26, 2010 under the foregoing registry office’s receipt of KRW 18201.