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(영문) 인천지방법원 2014.10.16 2013가단234249
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. C is the Plaintiff’s father, D’s mother, and E’s spouse.

B. C on July 21, 1999, the F single-story Housing (hereinafter “instant Housing”) was awarded a successful bid in the voluntary auction procedure and completed the registration of ownership transfer on July 28, 199.

C. With respect to the instant housing, 12,20,230 won claimed on November 17, 2003, 12,220,230 won, registration of provisional seizure of creditor Daewoo Capital Co., Ltd., the amount claimed on April 21, 2004, 9,938,98 won, registration of provisional seizure of creditor Co., Ltd., provisional seizure of creditor Co., Ltd., 25,42,657 won, registration of provisional seizure of creditor El Card Co., Ltd., registration of creditor EL Card Co., Ltd., registration of provisional seizure on May 17, 2007, 4,62,331 won, and registration of provisional seizure of creditor Hyundai Capital Co., Ltd.

With respect to the instant housing, the registration of the establishment of a mortgage (the registration of the establishment of a mortgage on August 7, 2003 with the maximum debt amount of 70,000,000 won on August 7, 2003, the establishment of a mortgage in the vicinity of the debtor C and the agricultural cooperative of the mortgagee C, the mortgagee of the right to collateral security, the maximum debt amount of 32,50,000,000 won on October 16, 2004, the debtor C and the mortgagee G’s establishment of a mortgage (the registration of the establishment of a mortgage on May 7

E. On May 11, 2009, the registration of the voluntary decision on commencement of auction was completed upon the application of Hodong Deposit Co., Ltd. on the instant housing.

F. C entered into a sales contract with H on June 2, 2009, and completed the registration of ownership transfer on June 4, 2009.

G. As to the instant housing, the registration of provisional attachment of L Card Co., Ltd. on June 8, 2009 was cancelled, and the registration of provisional attachment of the National Bank of Korea on March 29, 2010 was cancelled, respectively. On the same day, YC Co., Ltd. withdrawn the said voluntary auction application. 2) October 14, 2009: the registration of provisional attachment of Hyundai Capital Co., Ltd. on October 14, 2009; the registration of provisional attachment of Daewoo Capital Co., Ltd. on October 17, 2009; the registration date of provisional attachment of L Card Card Co., Ltd. on January 20, 2010; and the registration of provisional attachment of the National Bank of Korea on March

H. H entered into a sales contract with I on May 20, 2010, and completed the registration of ownership transfer on July 6, 2010.

I. The defendant around July 2, 2010.

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