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(영문) 인천지방법원 2017.02.14 2015가단39325

배당이의

Text

1. Of the dividend table prepared by the same court on July 3, 2015 with respect to the case of the application for the voluntary auction of real estate of the Incheon District Court I.

Reasons

1. Facts of recognition;

A. On March 26, 2012, with respect to the land of this case (hereinafter “instant land”), the establishment registration of a mortgage was completed due to the contract concluded on March 23, 2012 with respect to the land of this case as the maximum debt amount of KRW 455,00,000,000, the debtor, the debtor K, and the non-party to the right to collateral security (hereinafter “LS”) of the Nam-gu Incheon Nam-gu J. 227,4 square meters.

(hereinafter “instant collateral security”). B.

On the other hand, on November 28, 2013, multi-household housing on the fifth fifth floor of MM building (hereinafter “instant building”) was registered on the instant land.

C. 1) L Cooperatives (hereinafter “N”) on June 25, 2014, due to the transfer of confirmed claim on the same day.

(2) On June 25, 2014, N completed the registration of the instant collateral security right to the Plaintiff C (hereinafter “Plaintiff C”) on the ground of the contract to establish a contract on the same day. The N completed the registration of the instant collateral security right to the Plaintiff C (hereinafter “Plaintiff C”) on June 25, 2015.

3) On June 25, 2014, N transferred the instant right to collateral security to Plaintiff A and B on the ground of the transfer of confirmed claim on the same day. (4) Plaintiff A and B completed the registration of the establishment of a neighboring mortgage to the debtor K, with respect to the instant building Nos. 455,00,000 won with respect to the maximum debt amount as to the instant building Nos. O, P, Q, No. R, S, T, U, and V due to additional contract on the same day on July 3, 2014.

Plaintiff

A and B filed an application for the auction of the instant land and the instant building Nos. O, P, Q, R, S, T, U, and V with the Incheon District Court I based on the instant collateral security, and the said court rendered a voluntary decision to commence the auction on September 19, 2014.

(hereinafter the above auction procedure is “instant auction procedure”). E.

1) Defendant D’s agent and deposit KRW 22,00,000 (contract deposit KRW 11,000,000) with respect to the instant building P around September 24, 2013, to pay KRW 11,00,000 on the date of the contract, the remainder of KRW 11,00,000 on the date of the contract, and the remainder of KRW 13,00,000 on October 13, 2013, respectively, and the period from October 13, 2013 to October 12, 2015.