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(영문) 서울동부지방법원 2016.06.01 2015가단106289
배당이의
Text

1. The Seoul Eastern District Court B and C (combined) case of compulsory auction of real estate was prepared on March 6, 2015 by the above court.

Reasons

1. Facts of recognition;

A. In around 2003, the Plaintiff completed the registration of the establishment of the first class neighborhood mortgage on the share of 31.97/371.8/370 (hereinafter “instant share of land”) among the share of 314,371.7 square meters in Songpa-gu Seoul Metropolitan Government D large 72,363 square meters and E large 199,40.7 square meters.

B. The Defendant filed an application for compulsory auction of real estate with the Seoul Eastern District Court B as to the buildings indicated in the attached sheet that had not been registered for compulsory execution of KRW 700,00,000 based on the promissory note amounting to F in a notarial deed (hereinafter “instant buildings”).

On February 6, 2009, the above auction court rendered a ruling to commence compulsory auction (hereinafter “the instant ruling to commence compulsory auction”), and requested a registry office of the Seoul Eastern District Court to register entries based on the instant ruling to commence compulsory auction, and the relevant commission was received on February 16, 2009 by the above registry office, but the competent registry office did not perform registration duties.

On December 29, 2009, the original copy of the decision to commence compulsory sale of this case was served on the debtor F.

C. Meanwhile, in relation to the instant building, the registration of preservation of ownership in F’s name (hereinafter “registration of preservation of line”) was completed as of No. 32312 received on April 9, 2009 by the Songdong District Court in Seoul East District Court: (a) the registration of preservation of ownership in F’s name was completed.

After that, the Seoul Eastern District Court registry officer of the Songdong District Court was above B.

After the registration of preservation of F’s ownership (hereinafter “registration of preservation of follow-up”) was completed in the new register with respect to the instant building upon the commission of registration under subsection (1), the registration of entry based on the decision to commence compulsory auction of this case (hereinafter “registration of decision to commence compulsory auction”) has been completed on the same day by the Seoul Eastern District Court No. 17750, Feb. 16, 2009.

E. On February 10, 2012, the Plaintiff, based on the registration of the preceding preservation, completed the registration of the establishment of a neighboring mortgage with the maximum debt amount of KRW 420 million and the debtor F (hereinafter “registration of the establishment of a neighboring mortgage of this case”).

F. However, prior thereto.

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