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(영문) 의정부지방법원 고양지원 2018.12.14 2017가단80727
배당이의
Text

1. A distribution schedule prepared on May 31, 2017 by the same court in the case of senior auction of real estate C in Gyeyang-gu District Court Goyang-gu District Court.

Reasons

1. Fact-finding;

A. The Plaintiff completed the registration of ownership transfer on July 13, 2015 with respect to real estate (hereinafter “instant real estate”) including the real estate (hereinafter “instant real estate”) on the two-story 1, 2-class neighborhood living facilities, 2-class neighborhood living facilities, 1, 15.84 square meters, 89.28 square meters, 220.16 square meters, 2-story 20.16 square meters, 2-story G, G 82 square meters, G 82 square meters, and 72.7 square meters, and 2-story 13, 2015 due to trading on July 13, 2015.

B. The following registration has been completed regarding the instant real estate.

① On July 6, 2010, registration of provisional seizure (excluding G large 882 square meters) (2) on October 22, 2014, the maximum debt amount of KRW 169,000,000, and the registration of establishment of a mortgage (hereinafter “instant collateral security”) around the obligor, the mortgagee, and the mortgagee of the right to collateral security (hereinafter “instant mortgage”) (hereinafter “instant auction”) on May 2, 2016, the registration of provisional seizure under D’s name, the registration of provisional seizure under D’s name, the registration of the registration of the establishment of a mortgage under the Defendant’s name (2) was cancelled due to the sale due to the voluntary auction on April 21, 2017, and the registration of ownership transfer was completed under H’s name.

C. On May 31, 2017, in the instant auction procedure, Goyang Branch of the District Court: (a) opened a date of distribution on May 31, 2017, distributed KRW 67,816,437 to the Defendant (Order 3 and collateral security holders); and (b) drafted a distribution schedule that grants the remaining surplus of KRW 38,557,854 to the Plaintiff, the owner of the instant land (hereinafter “instant dividends”); and (c) the Plaintiff stated an objection against KRW 27,816,437, which was part of the amount of distribution to the Defendant.

[Reasons for Recognition] Facts without dispute, entries in Gap evidence 1 and 5 (including partial number), and the purport of the whole pleadings

2. The assertion and judgment

A. The ground for the instant claim.

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