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(영문) 서울남부지방법원 2015.10.02 2014가단30401
배당이의
Text

1. With respect to the Seoul Southern District Court C real estate auction cases, the distribution schedule prepared by the said court on May 27, 2014.

Reasons

1. Basic facts

A. D completed the registration of ownership transfer as the receipt No. 93743 on Nov. 3, 2001 on the ground of inheritance due to the agreement division as of Apr. 1, 2001 with respect to the 46.73 square meters of the first floor E of Guro-gu Seoul Metropolitan Government (hereinafter “instant real estate”).

D) On October 30, 2009, F entered into a contract with the debtor F, the maximum debt amount of 30 million won, and the plaintiff as the mortgagee on the real estate of this case as a security for the obligation to pay for the goods borne by the plaintiff while trading the motor vehicle related goods with the plaintiff, and completed the registration of establishment of the neighboring registry as the receipt of No. 81742 on November 4, 2009 by the above registry office.

After that, on December 26, 2012, the registration of change of right to collateral security was completed by changing the maximum amount of right to collateral security to KRW 70 million by the receipt No. 91808 on December 26, 2012.

B. On May 22, 2013, the Plaintiff filed an application for a security right auction with the claim amounting to KRW 70 million with respect to the instant real estate on May 22, 2013. On May 24, 2014, the Seoul Southern Southern District Court issued a decision to commence the auction of real estate rent to C on May 24, 2014 and completed the registration of the voluntary decision to commence the auction on May 24, 2013.

C. Meanwhile, on the other hand, the instant real estate was completed on October 12, 199 by the registration office, No. 79838, around the establishment registration of a mortgage consisting of the obligee’s ordinary agricultural cooperatives, the maximum debt amount of KRW 30,000,000, and by the registration office No. 44985, May 20, 2008, the establishment registration of a mortgage consisting of KRW 32,40,000,000.

On April 1, 2013, the period of the instant real estate between the Defendant and D, the owner of the instant real estate, was from April 17, 2013 to April 16, 2015, and from April 16, 2015, the lease deposit was KRW 30 million, and the lease deposit was paid at the time of entering into a contract, and the remainder KRW 27 million was to be paid on April 17, 2013.

However, the above lease contract was not present by the defendant.

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