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(영문) 춘천지방법원원주지원 2015.10.15 2015가단3722
배당이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. D Co., Ltd.: (a) completed the registration of ownership transfer on January 11, 201, 201, with respect to the Chuncheon District Court (hereinafter “instant forest”) with respect to the land of 63,273m2, and 55,505m2 (hereinafter “the instant forest”).

B. On January 13, 201, the Defendant completed the provisional registration of the right to claim transfer of ownership (hereinafter “provisional registration of this case”) on January 12, 201, under the Chuncheon District Court’s Crossing Registry No. 475, which was received on January 13, 2011.

On January 14, 2011, D (Representative G) and its auditor were issued a promissory note with a face value of one billion won to the Defendant, and a notary public on the said promissory note was drawn up with a No. 10 of the No. 2011 of the No. 201.

(A) If the payment of a bill is delayed, a compulsory execution shall be recognized and accepted. (hereinafter referred to as the “notarial deed of this case”). (c)

On November 28, 2013, the Defendant applied for a compulsory auction of real estate as the case of Chuncheon District Court original Branch C with respect to the forest land of this case.

(hereinafter “instant auction”). At the instant auction, the Chuncheon District Court: (a) drafted a distribution schedule that distributes the amount of KRW 236,157,600 to the creditor crossing-gun of the first creditor (the holder of the pertinent provisional registration) as the provisional registration authority, to the Defendant of the second creditor (the holder of the provisional registration) who is the provisional registration authority, the amount of KRW 236,06,530,000, excluding KRW 5,639,050, out of the amount of KRW 241,79,650 to be distributed on June 10, 2015.

On June 10, 2015, the Plaintiff appeared on the date of distribution of the auction of this case and raised an objection against KRW 100,000,000 out of the Defendant’s dividends of KRW 236,068,530 among the above distribution schedule.

E. As to the instant forest land, the Plaintiff is a mortgagee who completed the registration of the establishment of the neighboring collective investment scheme as the Chuncheon District Court’s Crossing Registry No. 13434, Aug. 2, 2013.

[Ground of recognition] Unsatisfy, Gap evidence 1, 3, 6

2. Determination

A. The instant case.

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