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(영문) 수원지방법원안산지원 2016.12.15 2015가합22714
배당이의
Text

1. A distribution table prepared on July 24, 2015 by the said court with respect to the auction case of real estate B located in the Suwon District Court, Ansan-do.

Reasons

1. Basic facts

A. C Co., Ltd. (hereinafter “C”) completed the registration of ownership transfer on May 6, 201 with respect to the buildings Nos. 301 and 302 of the third floor of the D Building No. 3 (hereinafter “instant No. 301”) of Ansan-si, Ansan-si, Seoul-si, for sale on July 27, 201, as to the above two buildings No. 302 (hereinafter “instant No. 302”); and completed the registration of ownership transfer on May 6, 201.

The Plaintiffs subsequently transferred part of the shares in Section 302 from Section C.

B. On July 27, 2011, the Ansan Agricultural Cooperative concluded a mortgage-based agreement with C on each of the instant real estate, and completed the establishment registration of a mortgage-based agricultural cooperative, the debtor C, the mortgagee of the right to collateral security, and the Ansan National Agricultural Cooperative, under Article 75813 of the same day as the maximum debt amount, under Article 715,00,000 won received from the Suwon District Court.

C. On October 4, 2012, the Defendant concluded a contract to establish a mortgage as to subparagraph 302 of the instant case with C, and completed the registration of the right to claim a transfer of ownership on October 4, 2012, with the head of Suwon District Court (the maximum debt amount of KRW 520,000,000,000, the debtor C, and the Defendant’s establishment registration of a mortgage (hereinafter referred to as the “instant mortgage”). The instant mortgage agreement and the registration of the establishment of a mortgage as to the instant subparagraph 301 of the instant case as to the instant subparagraph 301, the head of Suwon District Court (the “instant mortgage contract,” the “instant mortgage establishment registration”). On the same day, the registration of the right to claim a transfer of ownership was completed on October 4, 2012, with the head of Suwon District Court, as the receipt of Suwon Branch Branch Branch Branch Branch of the instant mortgage (the “instant

The Ansan-si Agricultural Cooperative applied for a voluntary auction on each of the instant real estate in Ansan-gu District Court B, and the said court rendered a voluntary decision to commence the auction on March 5, 2014.

(hereinafter “instant auction procedure”). Of the amount to be actually distributed on July 24, 2015, the date of distribution of the instant auction procedure, the Defendant, the mortgagee of the instant case No. 302, among KRW 1,050,278,736, the amount to be distributed on July 24, 2015.

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