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(영문) 대전지방법원홍성지원 2016.06.30 2015가합417

배당이의

Text

1. The distribution schedule prepared on March 18, 2015 with respect to D real estate auction cases by Hongsung Branch of the Daejeon District Court.

Reasons

1. Basic facts

A. Provisional Disposition 1 on the instant real estate) Defendant, M, N, andO are mutually identical to the Defendant’s Intervenor’s Intervenor (registration number E, registration number E, and establishment on February 15, 2012) Co., Ltd (Co., Ltd. and P, registration number F before the change; hereinafter “former C”).

On August 4, 2004, G apartments implemented in Hongsung-gun I were subjected to a provisional disposition on the prohibition of real estate disposal (Seoul Southern District Court 2004Kahap1850, Seoul Southern District Court 2004) on the ground that the right to claim the registration of transfer of ownership on the instant real estate was preserved as the right to claim the registration of transfer of ownership on the ground of sale of the instant real estate on August 5, 2004, Q received a provisional disposition on the prohibition of real estate disposal ( Daejeon District Court Hongsung Branch Branch 2004Gahap131).

3) Accordingly, each real estate listed in the separate sheet Nos. 104, 502, and 503 of G apartment (hereinafter “instant real estate”).

On August 6, 2004, the registration of initial ownership was completed under the name of the former C on the same day, and the registration of provisional disposition (the receipt number No. 18001) following the decision of provisional disposition (the receipt number No. 1801) was completed in the name of the Defendant, M, N, andO on the same day (hereinafter “provisional disposition”) and Q’s provisional disposition (the receipt number No. 1802) was completed in the name of the Defendant, M, N, andO on the same day (hereinafter “provisional disposition”).

B. B. Based on the provisional disposition on September 13, 2010, the registration of the establishment of a neighboring mortgage on the instant real estate was completed on September 1, 201, the maximum debt amount of KRW 600,000,000,000 for the ground of additional contract on September 5, 2003, and the registration of the establishment of a neighboring mortgage of the debtor, the

2) On September 15, 2010, based on the provisional disposition on September 15, 2010, the registration of creation of a mortgage by the debtor, the debtor, the mortgagee, and the defendant, based on the additional contract on September 24, 2003, was completed (hereinafter “instant collateral security”).

(3) The right to collateral security as set forth in the foregoing paragraph (1) was transferred to J on November 16, 2012 due to the transfer of confirmed claims, and on November 28, 2014, partial transfer of confirmed claims (transfer amounting to KRW 300 million).