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(영문) 수원지방법원 2014.02.13 2013가단44337

배당이의

Text

1. Defendant among the distribution schedule prepared on March 8, 2013 by the said court with respect to the Suwon District Court D's D's auction of real estate.

Reasons

1. Facts of recognition;

A. On August 31, 2010, the Plaintiff’s completion of the instant collateral security registration, etc. (1) ownership of Nonparty E Co., Ltd. (hereinafter “E”), the registration of the establishment of a neighboring mortgage in the Plaintiff’s name, E, the debtor, was completed with respect to KRW 147 million on August 31, 2010, with respect to KRW 515, G, No. 515, and KRW 34.77,m2 (hereinafter “instant real property”).

(2) On the other hand, on August 27, 2010, the Plaintiff prepared a promissory note No. 761 in good faith with E, which is KRW 147 million on the date of payment, and on October 31, 2010 (hereinafter “notarial deed of this case”) the said KRW 147 million as the secured obligation of the instant right.

B. On October 27, 2011, the Plaintiff (1) applied for the commencement of the instant real estate and G 311 on October 28, 201, based on the instant notarial deed, for the commencement of the compulsory auction on real estate and G 311, and received a ruling to commence the auction on October 28, 2011.

On January 18, 2011, the Plaintiff obtained a provisional attachment decision of Suwon District Court 201Kadan100103 with respect to No. 311 on the third floor G on one parcel, including Suwon-si, Suwon-si, Suwon-si, the E-owned on January 18, 201, and completed a provisional attachment registration on January 18, 201.

(2) On September 26, 201, the Defendants’ demand for distribution (A) filed a registration for the establishment of a chonsegwon with the name of Defendant C for a lease on a deposit basis with the term of KRW 41 million from September 23, 2011 to September 23, 2012. However, in the instant auction procedure, Defendant C filed an application for a lessee’s report on the right to lease and a demand for distribution on November 30, 201.

(B) On February 13, 2012, Defendant B, etc. submitted a party appointment letter to H and five other parties (hereinafter collectively referred to as “Defendant B, etc.”), and Defendant B, etc. is the designated party to Defendant B, etc., in the construction site of Pyeongtaek-gun I pension in Gangwon-do (hereinafter “instant pension”).