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(영문) 전주지방법원 2013.07.12 2011가합5577
배당이의
Text

1. Of the distribution schedule prepared by this Court on September 15, 201 in this Court C, D, E, F, G (Dual) auction of real estate.

Reasons

1. Basic facts

A. The non-party H is the owner of 3,03 square meters (hereinafter “instant land”). The Plaintiff is the first-class mortgagee of the instant land, and the Defendant is the second-class mortgagee of the instant land.

B. Around December 31, 2008, the Plaintiff: (a) sold to H the Plaintiff’s children KRW 439.7 square meters (hereinafter “M land”) at KRW 50 million in the purchase price; (b) KRW 80 million in the contract date; and (c) concluded a real estate sales agreement with H on February 28, 2009 with the payment of KRW 80 million in the remainder of KRW 470 million in the contract date; and (d) on the same day, H received KRW 80 million in the down payment from H on the same day; and (e) granted H’s payment of KRW 80 million in the purchase price to H as security; and (e) granted H’s payment of KRW 80 million in the construction price of a newly constructed franchise in the Y-gu, Busan-gu, and NA-based land.

(2) On December 31, 2008, H borrowed KRW 400 million from the Defendant, and agreed to set up a collateral on the instant land and M-mortgage to the Defendant as a security. As to the instant land, the full-time registry office of this court was received on December 31, 2008, and as to M land, No. 67715, Dec. 31, 2008, H completed the registration of establishment of each maximum debt amount of KRW 550,000,000,000 for each of the maximum debt amount of KRW 491, Jan. 6, 2009, the debtor H, and the mortgagee, respectively.

(3) In order to secure ownership of M on December 31, 2008 and sales price claims, etc. under the above sales contract, the Plaintiff entered into a mortgage agreement with H to establish a collateral security agreement with each of the instant land and M with the maximum debt amount of KRW 550 million, the debtor H, and the Plaintiff as the Plaintiff. Accordingly, with respect to the instant land, the Plaintiff entered into a mortgage agreement with H to establish a collateral security agreement with the full registry office of the court of this case as of December 31, 2008 (hereinafter “the establishment registration of a collateral security agreement of this case”), and with respect to M land.

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