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(영문) 부산지방법원 2015.12.17 2014가합53168
배당이의
Text

1. Defendant among the distribution schedule prepared on December 18, 2014 by the above court with respect to the Busan District Court HH real estate auction case.

Reasons

Basic Facts

A. (1) The J on December 17, 2004, the land of this case, etc. (hereinafter “the land of this case”) is the land of Busan J on December 17, 2004.

A) On the other hand, the instant land is an officetel which is an aggregate building of the size of the first and seventh floors above the ground (hereinafter “instant building”).

The registration of ownership preservation was completed on March 3, 2005.2) On April 5, 2007, J sold to L on the same day 212.39/635 shares out of the instant land and completed the registration of ownership transfer on the same day. On June 29, 2009, M (L and couple relations) sold the remaining 42.61/635 shares to M (L and couple relations) and completed the registration of ownership transfer on July 2, 2009.

3) Of the instant building, 102, 201, 701, and 601 were purchased on September 26, 2006 and completed the registration of transfer of ownership on September 29, 2006. 303 purchased on May 6, 2010 and completed the registration of transfer of ownership on the same date. B. 1) Of the instant land, 212.39/635 of L’s equity in the instant land and 12 of the instant building (102, 105, 201, 504, 505, 506, 601, 604, 605, 701, 701, 702, and 703), the Busan District Court’s compulsory auction procedure (hereinafter “prior Auction”).

In the prior auction procedure of this case, the decision to commence compulsory auction was issued on June 23, 2010, and on June 24, 2010, the registration of the decision to commence auction was completed.

2) M was awarded a successful bid in the instant prior auction procedure on January 5, 2012 and completed the registration of ownership transfer on January 11, 2012. (c) Defendant C entered into a lease agreement between L and L on March 28, 2011 on the deposit of KRW 40,000,000 (Ga evidence 1-3) regarding subparagraph 102 of the instant building between L and L, and on April 15, 201, acquired the right of lease from theO which completed the registration of establishment of chonsegwon on June 23, 2010 regarding subparagraph 102 of the instant building, and completed the registration of establishment of chonsegwon on April 19, 201.

2) On April 26, 201, Defendant D entered into a lease agreement consisting of 50,000,000 rental deposit with respect to No. 201 of the instant building between L with respect to April 26, 201 (ab) and May 18, 2011.

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