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(영문) 울산지방법원 2018.06.28 2017나25642
배당이의
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The registration of ownership transfer was completed on November 6, 2012 with respect to No. 201 of Ulsan-gu D 201 (hereinafter “the loan of this case”) on the same day in the near future on the same day.

B. On November 6, 2012, the establishment registration of a neighboring mortgage amount of KRW 156,000,000 for the Ulsan-Namn Credit Union was completed in the future of the Ulsan-Namn Credit Union. On July 25, 2016, the procedure of voluntary auction was initiated with the Ulsan-Namn District Court C on July 25, 2016 upon the application of the Ulsan-Namn Credit Union.

(hereinafter “instant auction procedure”). C.

On August 10, 2016, the Plaintiff concluded a lease contract that causes 35,000,000 of the lease deposit at the instant auction procedure, and filed a report on the right and demand for distribution concerning the claim for the return of the lease deposit, alleging that it is a small lessee who made a move-in report on the same day.

On August 9, 2016, 201, the Ulsan Central Credit Union of the Republic of Korea (U.S.) completed the additional registration of the transfer of each right to collateral security on the ground of the transfer of the right to collateral security on the ground of the contract on August 9, 2016. On the same day, the registration of the establishment of the right to collateral security of KRW 156,00,000 for the defendant's additional registration of the transfer of the right to collateral security was completed.

E. In the auction procedure of the loan of this case, 148,39,000 won was sold (145,628,080 won to be actually distributed). On May 17, 2017, the court of execution prepared a distribution schedule (hereinafter “instant distribution schedule”) under which the Defendant, a mortgagee of the right to collateral security, distributes 7,573,770 won to the Ulsan Central Credit Cooperative, a mortgagee of the right to collateral security (hereinafter “the instant distribution schedule”) among Ulsan Metropolitan City, Ulsan Metropolitan City, which is one of the right to issuance of the pertinent tax, in the first order.

F. The Plaintiff appeared on the date of distribution and raised an objection against KRW 19,00,000 out of the amount of distribution to the Defendant, and filed the instant lawsuit on May 24, 2017.

【Ground for recognition” has no dispute, Gap No. 1, and Eul.

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