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(영문) 대전지방법원천안지원 2016.08.26 2015가합1560
배당이의
Text

1. On September 24, 2015, the Daejeon District Court's Branch C and D (Dual) auction cases of real estate.

Reasons

1. Basic facts

A. On December 28, 2012, E completed the registration of ownership transfer for each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) on December 28, 2012, based on sale and purchase as of December 10, 2012.

B. On December 30, 2013, E entered into a mortgage agreement with F and Defendant B on each of the instant real estate, and on the same day, claims amounting to KRW 1.2 billion, the debtor, E and the mortgagee, from among the claims secured by the registration of creation of mortgage over the instant real estate, 1/2 of the claims secured by the registration of creation of mortgage over the F and Defendant B are Defendant B.

The registration of the establishment of a neighboring mortgage (hereinafter referred to as the "registration of the establishment of a neighboring mortgage of this case"), which was registered by the above registration, completed the mortgage of this case.

C. On September 5, 2014, the Plaintiff filed an application for provisional attachment against each of the instant real estate owned by E with the claim amounting to KRW 50,000,000 and KRW 270,000,000,000,000,000 for loans to E, and received a provisional attachment order on September 18, 2014.

On September 30, 2014, Defendant New Settlement Korea Co., Ltd. (hereinafter “New Settlement Korea”) completed the registration of transfer of right to collateral security on the ground of the transfer of contract as of F share of the instant collateral security on September 29, 2014.

E. The National Federation of Fisheries Cooperatives and the Credit Guarantee Fund, the senior mortgagee of each of the instant real estate, applied for the voluntary auction of each of the instant real estate. On October 20, 2014, Daejeon District Court C branch offices of the Daejeon District Court and the decision to commence the voluntary auction of each of the instant real estate was issued D on October 21, 2014.

(6) In the principal lawsuit (this Court 2014Gahap102558) against the Plaintiff, this Court dismissed the Plaintiff’s claim for the return of the deposit against the Plaintiff, and the “E” against the Plaintiff on February 12, 2014.

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