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(영문) 대구지방법원서부지원 2014.06.26 2013가합4716
배당이의
Text

1. In this Court E Real Estate Auction case, Defendant B and C are included in the distribution schedule prepared on December 10, 2013 by the said court.

Reasons

1. Basic facts

A. Paragraph 9(9) of the attached list (hereinafter referred to as “O real estate in this case,” and the registration of ownership transfer was completed on September 15, 2009 with respect to the entire real estate in this case, and on September 15, 2009, the registration of ownership transfer was completed in F. On the same day G-mortgager, G-mortgager, maximum debt amount of KRW 250,000,000, and the establishment of a neighboring mortgage with F with respect to the debtor F (hereinafter “mortgage 1”).

The first collateral mortgage was transferred to H on December 13, 2010 due to the transfer of contract, and it was transferred to Defendant D again on November 11, 2013.

B. After that, on the ground of the instant real estate, the instant 1 through 8 real estate was completed on May 31, 2010, and the registration of ownership preservation was completed in F on May 31, 2010, and each of the instant real estate was completed on June 3, 2010, the registration of creation of a mortgage (hereinafter “the second collateral mortgage”) with respect to each of the instant real estate as the mortgagee I, the maximum debt amount, KRW 30 million, and the debtor F, respectively.

The second collateral mortgage was transferred to Defendant D on November 1, 2013 due to the transfer of contract.

C. Meanwhile, on the other hand, on December 1, 2010, the establishment registration of a neighboring mortgage with regard to the instant real estate 9 was completed on the basis of the J of the right to collateral security and the maximum debt amount of KRW 260 million, and the said right to collateral security was transferred to the Plaintiff on July 2, 2012.

On February 26, 2013 upon the I’s application, the procedure for the auction of real estate E in this court regarding each of the instant real estate was initiated on December 10, 2013, and the distribution schedule was formulated, stating that the amount to be actually distributed on December 10, 2013, among the amount to be distributed on the date of distribution KRW 523,79,439, the distribution was distributed to Defendant B and C, respectively, of the first-class lessee B and C, and that the fourth-class mortgagee who acquired the second-class mortgage was entitled to receive KRW 389,128,492 ( KRW 89,128,492 for the first-class mortgage), and that the distribution schedule was not distributed to the Plaintiff (hereinafter “instant distribution schedule”).

The plaintiff is present on the date of the above distribution and against the defendants.

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