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(영문) 서울고등법원 2019.10.30 2018나2061049

공탁금출급권 확인의 소

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1. The part of the judgment of the court of first instance, including the claim filed by the succeeding intervenor A in this court.

Reasons

1. Basic facts

A. 1) K was divided into 61,461 square meters of L forest in Gyeyang-gu, Gyeyang-gu, Soyang-gu, and M 34,90 square meters of forest land (M forest is divided into M29,759 square meters of forest land and 5,150 square meters of forest land and 5,150 square meters of forest land on July 25, 2014.

All of the above lands shall be referred to as "each of the above lands"

(2) On May 10, 2012, the voluntary auction procedure was initiated on May 10, 2012 by the application of theO, which was a mortgagee of a right to collateral security on each of the instant lands. Upon the application of Q, who was a mortgagee of a right to collateral security, the voluntary auction procedure was initiated on October 9, 2012 as R for the application of Q, which was the mortgagee of a right to collateral security.

3) The I Religious Organization J (hereinafter referred to as the “JJ”) shall be affiliated with the I Religious Organization.

) On December 18, 2012, when each of the above voluntary auction procedures was in progress, K entered into a sales contract for each of the instant lands with K (hereinafter “instant sales contract”).

(4) On April 4, 2013, 201, the procedure of voluntary auction was initiated in order to promote the registration of ownership transfer of each of the lands of this case on the same day by the application of the B Association, which was the mortgagee of the right to collateral security on each of the lands of this case, and the procedure of voluntary auction was conducted overlapping with the above procedure of voluntary auction.

(hereinafter referred to as “instant voluntary auction procedure”). Afterward, the procedure of voluntary auction for the Goyang branch of the Goyang branch of the District Court for the O application was revoked on June 13, 2014, and on February 16, 2015, Q’s registration of creation of a mortgage was revoked due to the cancellation of the registration of establishment of a mortgage.

5) On November 30, 2015, JJJ may claim dividends to be received by it during the instant voluntary auction procedure between the Defendant and the Defendant (hereinafter “instant dividends claim”).

(1) Of the claims, the assignment contract of KRW 1,000,000 to the Defendant (hereinafter “the assignment contract of this case”) shall be deemed to be the assignment contract of this case.

A) The Plaintiff concluded a contract. JJ sent to an auction court (Korean) a debtor a notice of assignment of the instant dividend claim amounting to KRW 1,000,000,000 to the Defendant, and the said notice reached the auction court (Korean) on February 1, 2016. 6)