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(영문) 서울중앙지방법원 2015.12.02 2014가단5194748
청구이의
Text

1. The part of the instant lawsuit regarding the claim of demurrer against distribution shall be dismissed.

2. As to the real estate listed in the separate sheet

Reasons

1. Basic facts

A. On March 28, 2012, with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”), the ownership transfer registration was completed in the name of the Defendant C from a limited liability company specializing in the 17th securitization of Korea F&A on the grounds of sale as of February 20, 2012. On March 28, 2012, the ownership transfer registration was completed in the name of the Plaintiff from the Defendant C on the grounds of sale as of February 25, 2012.

B. As to the instant real estate in the Plaintiff’s name, the establishment registration near the instant real estate was completed in the following order:

(1) The date of establishing a right to collateral security and the date of establishing a right to collateral security: The plaintiff, the mortgagee, the mortgagee of the right to collateral security: 57 million won: the date of establishing a right to collateral security: April 3, 2012; and the date of establishing a right to collateral security: The date of establishing a right to collateral security: April 4, 2012; the debtor: the debtor; the maximum debt amount: the defendant B; the mortgagee; the maximum debt amount: 30 million won (the date of establishing a right to collateral security stated in paragraph (2); hereinafter referred to as the "right to collateral security"): The date of registering partial transfer of the right to collateral security: the transfer of the right to collateral security on June 26, 2012; the amount of the right to collateral security partially transferred: 50 million won; and the date of partial transfer of the right to collateral security: G: the date of partial transfer of the right to collateral security on December 7, 2012; and the date of partial transfer of the right to collateral security: Defendant 100 million won.

C. On July 1, 2013, the application for the auction of real estate rent by the Onnuri Saemaul Community Fund for the instant real estate was initiated on July 1, 2013 (Seoul Central District Court E), and on December 26, 2013, the procedure for the compulsory auction of real estate was initiated on December 26, 2013 (F of the Seoul Central District Court). Each of the above auction procedures was conducted in duplicate and sold to I on June 5, 2014.

In the above auction procedure, the court of execution shall make a distribution table of the attached Seoul Central District Court on July 1, 2014.

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