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(영문) 수원지방법원성남지원 2015.02.10 2014가단216132
배당이의
Text

1. Of the distribution schedule prepared by the said court on July 10, 2014 in the case of Suwon District Court-nam Branch C real estate auction.

Reasons

1. Basic facts

A. According to the title trust agreement with D, who is the actual owner, the Plaintiff completed the registration of ownership transfer and the registration of ownership preservation under his name with respect to the title of the E, F, and the 136.1 square meters of multi-storyd housing on the land of Gwangju-si, Gwangju-si, the E, and its ground.

B. On August 12, 2005, D sold the instant real estate to KRW 250 million between G, who is the father of the Defendant, and B concluded a sales contract between G, who, prior to the registration of ownership transfer, received the instant real estate as collateral and appropriated it to the purchase price.

(hereinafter “instant sales contract”). C.

As a result, G borrowed KRW 150 million from the Seongbuk-nam Saemaul Cooperative on the same day, and under the D’s understanding, G borrowed KRW 150 million with respect to the instant real estate, the maximum debt amount is KRW 195 million with respect to the Sungwon-nam Branch of the Sungnam Branch of the Sung-nam Branch of the Sungnam Branch of the Sungwon-gu District Court on August 12, 2005, and the debtor and the mortgagee registered the establishment of a neighboring community with G and the mortgagee as the Sungnam Saemaul Bank of Korea, and paid KRW 150 million with the down payment and the intermediate payment to D.

At the time of the instant purchase and sale contract, D and D agreed to G to set up and set up a collateral on the instant real estate in order to prevent the Plaintiff and D from arbitrarily disposing of the ownership of the instant real estate to a third party prior to the transfer thereof. Accordingly, on August 12, 2005, the maximum debt amount regarding the instant real estate was 30 million won, and the debtor completed the registration of creation of a collateral on the instant real estate, the Plaintiff and the mortgagee of the instant real estate (hereinafter “the registration of creation of a collateral on the instant real estate”).

E. On May 16, 201, the Plaintiff was served with H’s creditors a notice of the decision on the seizure and collection order for the instant collateral claims. D and G, on May 30, 201, cancelled the registration of creation of a mortgage in the instant case on May 30, 201. Meanwhile, the lessor is the Plaintiff, the lessee, and the deposit amount of KRW 120 million.

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