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(영문) 광주고등법원(전주) 2015.01.08 2014나1985
배당이의
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1.The following facts of recognition may be found either in dispute between the parties or in full view of the entries in Gap evidence 1 to 6 (including paper numbers) and the whole purport of the pleadings:

1) The parties’ legal relationship relationship 1) G refers to ① 77m2 in Yansan-gu, Jeonju-si, ② 317m2 in 197m2, ③ J 539m2, ④ K 387m2 in 387m2, ⑤ L 2,245m2 in 200m2 (hereinafter the above real estate collectively referred to as the “instant real estate”; and each real estate refers to the “real estate No. 1 in this case.”

(2) As to the instant real estate, the Plaintiff completed the registration of the establishment of a mortgage over KRW 300,00,000 on July 30, 2007, the registration of the establishment of a mortgage over KRW 75,00,000 on August 31, 2007, the registration of the establishment of a mortgage over KRW 75,000 on September 3, 2007, and the registration of the establishment of a mortgage over KRW 75,00,000 on September 15, 2007, while the Plaintiff completed the registration of the establishment of a mortgage over KRW 110,00,000 on April 15, 208, on the other hand, on August 31, 2007, and on September 3, 2007, on April 17, 2008, respectively.

3) N, etc. received the decision of provisional seizure of the instant real estate as indicated below, and the provisional seizure registration was completed on the same day based on the decision of provisional seizure (the provisional seizure completed by the Defendant is referred to as “the provisional seizure of this case”).

A) On the date of the decision of the provisional attachment authority, the debtor's decision on the pertinent real estate (as of October 19, 1994, the entire Jeju District Court 94Kadan4092 of the O's real estate (as of June 27, 2013, the entire Jeju District Court 95Kadan2924 of the O on July 10, 1995, O on July 10, 1995, the entire Jeju District Court 95Kadan2924 of the O's real estate (as of July 1995, 2, 3, 4, 95Kadan2965 of the Korean National Agricultural Cooperative Federation (as of Jeonju District Court 95Kadan2965 of the real estate), P on February 3, 200, ②, 3, 4, 5, 200Kadan2192 of the Daejeon District Court's issue on the real estate (as of December 11, 2006>

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