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(영문) 대전지방법원 2020.07.08 2019가단104904
근저당권 이전등기 청구
Text

1. The defendant shall be the plaintiff.

A. On December 26, 201, the Daejeon District Court’s official housing support with respect to E forest land of 10,348 square meters in Si/Gu of official housing.

Reasons

1. Facts of recognition;

A. On December 26, 2011, Defendant B Union (hereinafter “Defendant B Union”) lent KRW 1 billion to C, and completed the registration of joint collateral security creation and the registration of creation of superficies No. 2 on the same day H, I, J, K, and L 5 leased KRW 250 million to C, and completed the registration of joint collateral security creation of each real estate listed in the separate sheet No. 1 through No. 7, the maximum debt amount of which is KRW 375 million on each real estate listed in the separate sheet No. 1 through No. 7.

B. As to each real estate listed in the separate sheet 1 through 4, the Plaintiff purchased the ownership shares of 5,692/22,185 from July 24, 2013 and November 6, 2013, and M acquired the ownership of 16,493/22,185 from C, respectively, and completed the registration of ownership transfer.

Meanwhile, the NFF purchased from C on August 19, 2016 with respect to each real estate listed in the separate sheet 5 and 6 (hereinafter “NFF”) and completed the registration of ownership transfer, and theO purchased from NFF on July 20, 2017 the ownership share of 1,785/10,348 among the real estate listed in the separate sheet 5 and completed the registration of ownership transfer.

C. Around September 16, 2016, DefendantB Union applied for an auction on each real estate listed in the separate sheet 1 through 7, based on one joint collateral security, and the auction procedure was carried out at the Daejeon District Court’s discretion. Around March 17, 2017, the withdrawal of a request for auction on each real estate listed in the separate sheet 5, 6, and 7, and the auction procedure was carried out only on each real estate listed in the separate sheet 1 through 4. As a result, on November 15, 2018, the amount of KRW 387,211,110 was distributed to the distribution procedure.

The ownership relationship and the appraised value of each real estate at the time of the auction procedure shall be as specified in the attached Table.

Meanwhile, from October 4, 2016 to October 3, 2016, H et al. applied for an auction of each real estate listed in the separate sheet 1 to 7 based on the joint collateral security (public housing assistance Q) but filed an application for auction on September 20, 2018 with the cooperative for the repayment of secured debt.

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