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(영문) 청주지방법원제천지원 2017.11.29 2017가단1673

배당이의

Text

1. The plaintiff B's lawsuit shall be dismissed.

2. As to the case of compulsory auction of real estate D with Cheongju District Court Jeju District Court Dacheon District Court 2018.

Reasons

1. Basic facts

A. On February 13, 2006, the Defendant received a provisional registration of the right to claim ownership transfer (hereinafter “provisional registration of this case”) from the Plaintiff on February 13, 2006, with respect to the land of 374 square meters (hereinafter “instant land”) owned by the Plaintiff, from the Cheongyang-gun, Chungcheongnam-gun, Seoyangyang-gun, one hundred and twenty-four (129) registry office received, and on February 10, 2006, the promise to sell and purchase the land as the cause of registration.

B. On May 19, 2008, Plaintiff A completed the registration of the right to claim transfer of ownership on the instant land to F on May 14, 2008 due to the promise to sell and purchase the instant land.

C. Around 2014, the Defendant applied for the commencement of compulsory auction with respect to the instant land to Cheongju District Court Jeju Branch Branch G for the commencement of compulsory auction and rendered a decision to commence compulsory auction on September 4, 2014.

(hereinafter “instant 1 compulsory auction”). D.

On December 1, 2014, the Defendant submitted to the court of execution an application for a report on the right and a request for distribution as follows with respect to the provisional registration No. 1 of this case in the procedure of compulsory auction of this case

(hereinafter “The First Right Report”). The creditor entitled to a provisional registration and the creditor entitled to a demand for distribution, who requests a right report and a demand for distribution: As follows, the person entitled to a provisional registration and the creditor entitled to a right to a distribution, C, as to the said case:

(1) to 3. omitted.

4. G (45,00,000 won with a provisional registration on February 10, 2006);

E. On June 17, 2015, F completed the registration of transfer of the above provisional registration on the ground of sale as of April 20, 2015 to Plaintiff B (hereinafter “the provisional registration of this case”), and on the same day, Plaintiff A completed the registration of transfer on the ground of sale as of April 20, 2015 on the basis of the provisional registration of this case No. 2 to Plaintiff B, and accordingly, the registration of decision of compulsory auction of this case was cancelled.

F. On November 8, 2016, the Defendant filed an application with the Plaintiff for the determination of the amount of litigation costs against the Cheongju District Court Branch Decision 2016Ka18, Nov. 8, 2016, and the said court’s determination of the amount of litigation costs on December 8, 2016 between the Defendant and the Plaintiff (hereinafter “Defendant”) and the instant court’s cancellation of the right to collateral security.