(영문) 춘천지방법원 2016.02.04 2014가단10253

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(영문) 춘천지방법원 2016.02.04 2014가단10253

배당이의

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The registration of ownership transfer is completed on April 28, 1990 each of 1/2 shares by D and E, respectively, for C Forest land 252m2 (hereinafter “instant real estate”).

B. D’s establishment registration of the instant real estate to F, its creditor on September 17, 1992, as “the creation registration of the instant collateral security or the instant establishment of the mortgage (hereinafter “mortgage”) with respect to the instant real estate by means of “the maximum claim amount of KRW 40,000,000,000, the debtor D, and the mortgagee F” under Article 2627 of the Chuncheon District Court’s receipt of the Korea District Court.

(C) Around November 1996, D died, and G succeeded to the property as the sole heir of D (However, among the instant real estate, the registration of inheritance was not completed with respect to the above D-1/2 shares among the instant real estate.

(D) On January 31, 2002, G repaid the secured obligation of the instant right to collateral security. On January 31, 2002, G completed the additional registration of the instant right to collateral security on the ground of contract transfer. On November 12, 2004, G completed the additional registration of the transfer of the instant right to collateral security under the name of H by mutual agreement to transfer the instant right to collateral security to H, one’s creditor, for the purpose of securing the said obligation. On August 30, 206, G completed the additional registration of the transfer of the right to collateral security under the name of I in order to secure the obligation of I by lending money from the Defendant on March 26, 2007 and completing the additional registration of the ownership transfer of the instant right to collateral security (the ownership of the instant right to collateral security was completed on the other hand, having acquired the ownership of the instant right to collateral security in order to secure the obligation of the Defendant.

The public auction of this case was conducted on May 10, 2007 due to the disposition of arrears between the 1995 and the 2001, and the public auction of this case was conducted on May 10, 2007

In this case, E, the nominal owner of the pertinent public auction procedure, shall be purchased.

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