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(영문) 수원지방법원 2016.08.10 2015가단56884

배당이의

Text

1. Of the distribution schedule prepared on October 30, 2015 by the said court with respect to the Suwon District Court C’s auction of real estate.

Reasons

1. The defendant does not clearly dispute each of the following facts alleged by the plaintiff's assertion because he did not appear at the date of pleading, even after being served with lawful documents not by public notice, and did not submit the written response and other briefs:

A. On September 10, 1992, the Plaintiff, D, and E completed the registration of ownership transfer on December 6, 1993 with respect to each one-third share of F site of the wife population F and its ground year and 95.42 square meters of a single-story roof (hereinafter “instant housing”).

B. On November 4, 2008, the establishment registration of a mortgage on the instant housing was completed on November 4, 2008, on the ground of the contract to establish a mortgage as of November 4, 2008 with respect to the instant housing, the establishment registration of a mortgage on the Plaintiff, the debtor, and the maximum debt amount of KRW 91 million.

C. On August 3, 2009, the registration of creation of a mortgage with respect to the Plaintiff’s share in the instant housing was completed on the ground of a contract establishing a mortgage as of August 3, 2009, with respect to the Plaintiff’s share as of G, debtor, Plaintiff, and maximum debt amount of KRW 45 million, and on January 6, 2011, with respect to the Plaintiff and E’s share in the instant housing, the registration of establishment of a mortgage was completed on the ground of a contract establishing a mortgage as of January 6, 2011, with respect to the Plaintiff and E’s share as of the instant housing, with the mortgagee, debtor, Plaintiff, and maximum debt amount of KRW 25 million as of the Plaintiff and the maximum debt amount of KRW 25 million. Since each of the instant mortgages was transferred from G name as of June 16, 2015.

On June 15, 2012, with respect to the instant housing on the ground of a contract establishing a mortgage as of June 13, 2012, the registration of creation of a mortgage (hereinafter “registration of creation of a mortgage”) with the Defendant, the debtor, D, E, and the maximum debt amount of KRW 100 million was completed.

E. However, the establishment registration of the instant establishment in the name of the Defendant shows the attitude of the KUF to file an application for auction, and the Plaintiff is urged to pay the loan obligations several times.