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(영문) 수원지방법원 여주지원 2018.02.13 2017가단53809
배당이의
Text

1. A distribution schedule prepared on July 19, 2017 by the said court with respect to the case of the voluntary auction of real estate C in the Suwon District Court.

Reasons

1. On February 3, 2015, the Plaintiff entered into a provisional disposition registration and the judgment on the merits of the case: (a) on February 3, 2015, the Plaintiff lent KRW 100 million to the husband and wife D and E (hereinafter “debtor and wife”); and (b) on February 3, 2015, the obligor’s husband and wife agreed to provide the land and the building on the land and the ground (hereinafter “instant real estate”) in the Gyeonggi-si, Gyeonggi-do, in which they own 1/2 of

However, on August 6, 2015, the Plaintiff was not able to complete the registration of establishment of a neighboring real estate, and completed the provisional disposition of prohibition of disposal of real estate (hereinafter “provisional disposition”).

On November 6, 2015, the Plaintiff filed a lawsuit against the obligor’s husband and wife for the claim for the performance of the registration of the establishment of a neighboring real estate (this Court Decision 2015Da24807), and E died during the said lawsuit.

On February 9, 2017, the above court rendered a judgment that “D or deceased E’s administrator of inherited property G, with respect to the instant real estate, shall be KRW 360,000,000 with the maximum debt amount, KRW 360,000,000, and KRW 7,000 with respect to the inheritance of this case, G, the administrator of inherited property of the debtor net E, and the Plaintiff

On July 25, 2014, the East Credit Union, which started an auction, completed the registration of the establishment of a mortgage on the instant real property, consisting of the debtor E and the maximum debt amount of 520,000,000.

The right to collateral security was transferred to H and I on September 24, 2015.

H and I received a decision to commence a voluntary auction on the instant real estate from this court as of December 22, 2015 (the above court C case, and the above decision (hereinafter referred to as “decision to commence the auction of this case”), and the above decision was registered on the following day.

On March 23, 2016, the Plaintiff claims the establishment registration of neighboring real estate in the auction court.

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