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(영문) 대구지방법원 2018.07.12 2017가단135300

배당이의

Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including costs incurred by participation, are all assessed against the Plaintiff.

Reasons

1. Facts of recognition;

A. On September 26, 2014, with respect to each real estate listed in the separate sheet Nos. 1 and 4 (hereinafter “each land of this case”), the ownership transfer registration was completed in the name of Kabio-Energy Co., Ltd. (hereinafter “Kab Energy”), and the Gu entered the provisional attachment registration as follows, and the provisional attachment cancellation registration was omitted before the sale by compulsory auction on November 29, 2017. After the completion of the registration of establishment of mortgage registration in the Defendant’s name, the provisional attachment of mortgage claim and additional registration of the provisional attachment of mortgage claim were completed in addition to the provisional attachment of mortgage claim and the provisional registration of the provisional attachment of mortgage disposition.

Since then, on October 14, 2016, the Daegu District Court B (hereinafter “instant auction case”) rendered a decision to commence compulsory sale of each of the instant land, and on November 29, 2017, the following provisional attachment registration and the establishment registration and additional registration were entirely cancelled, as the ownership transfer registration under C was completed due to the sale by compulsory auction on November 29, 2017.

(2) On May 15, 2015, the Defendant’s Intervenor’s Intervenor’s Intervenor’s Intervenor’s change of provisional seizure order 20104 on May 15, 2015: (a) the Seoul Central District Court 2015Kadan807024, August 3, 2015; (b) the provisional seizure order 65,450,000,000 and the provisional seizure registration under the order of the registration of provisional seizure; (c) the creditor’s claim amount as of May 23, 2016, as of May 15, 2015, the date of the registration of provisional seizure order 72,000,000; and (d) the registered amount as of August 4, 2015, Seoul Central District Court 65,450,000; and (d) the registered amount as of June 23, 2016, Plaintiff 2016