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(영문) 창원지방법원 2014.08.21 2013가합2146
배당이의
Text

1. Defendant among the distribution schedule prepared on April 2, 2013 by the said court with respect to the auction case of real estate E in the Changwon District Court E.

Reasons

1. Basic facts

A. The transfer of ownership to the instant real estate 1) F purchased the instant land as the head of the G Licensed Real Estate Office, and thereafter recommended an investment to sell shares to many unspecified persons, and the Plaintiff was working as an employee of the said office. 2) F entered into a sales contract with H and I on April 28, 2004 to purchase the instant land at KRW 85 million between H and I (hereinafter “instant land”). On July 5, 2004, F was directly registered for the transfer of ownership to the instant land under the name of K.

B. On August 6, 2004, L received from K the registration of the right to partial transfer of ownership over 330/2,770 shares out of the instant land through F, and on February 20, 2009, Defendant D filed a registration of partial transfer of ownership over 193/2,770 shares among them. 2) Defendant C received the registration of partial transfer of ownership from K on September 20, 2004 in the above manner.

3) As to the share of 137.52/2,770 of the instant land among the instant land on October 1, 2004, Defendant B obtained the registration of the right to claim partial transfer of ownership as to the share of 220.16/2,770 of the instant land on November 3, 2005. (C) On February 15, 2012, K completed the registration of the right to claim partial transfer of ownership. (1) On February 15, 2012, K transferred the instant land to the Plaintiff by completing the registration of the establishment of each maximum debt amount of KRW 30 million and M with the maximum debt amount of KRW 7.5 million. On February 21, 2013, the Plaintiff transferred the right to collateral transfer under the name of the Plaintiff to M on February 21, 2013.

2) On March 21, 2012, upon a request for voluntary auction of M, a voluntary auction procedure for the instant land to E in this Court (hereinafter “instant auction procedure”).

A. At the above auction procedure, each of the security provisional registration holders is registered, and Defendant B and Defendant C reported the claim amounting to KRW 13 million and KRW 8.5 million on June 1, 2012, respectively, and Defendant D had the same month.

8.7 million won.

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