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(영문) 대전지방법원서산지원 2017.06.28 2015가단10167
배당이의
Text

1. The Daejeon District Court's Seosan Branch B (Dual) (C) with respect to the auction case of real estate; and

Reasons

1. Basic facts

A. On September 7, 201, D completed the registration of transfer of ownership or the registration of ownership preservation with respect to the multi-family housing of 634 square meters and the 4th above ground surface (hereinafter referred to as the “instant real estate by adding up the above site and buildings”) and the 634 square meters of forest land and 634 square meters in Jin-gun, Jin-gun, and the above 4th above ground-based detached housing (hereinafter referred to as “F real estate”). However, the foregoing F real estate was transferred to G on July 4, 2013 according to the principal registration based on the registration of the right to claim ownership transfer.

B. On September 7, 2011, D completed the registration of the establishment of a mortgage on D’s shares among the instant real estate and the instant real estate and the J and I land (However, the aforementioned D shares were transferred to G on July 4, 2013) with joint collateral, and completed the registration of the establishment of a mortgage on which the amount of D shares out of the F real estate and the J and I land is KRW 416 million with the National Bank of Korea, the debtor D, the maximum debt amount, KRW 416 million with the maximum debt amount, and the F-mortgage and the J and I land as joint collateral.

C. On September 22, 2011, D completed the provisional registration of the right to claim ownership transfer (hereinafter “instant provisional registration”) on September 20, 201 with respect to the instant real estate on the ground of a pre-sale agreement made by J on September 20, 201, and J completed the additional registration of the instant provisional registration to K on December 26, 201 due to transfer of the right to claim ownership transfer registered in the provisional registration on December 26, 2011.

On November 18, 2013, the Plaintiff was subject to the order of lease registration (Seoul District Court Decision 2013Kakao 57) and accordingly, on December 19, 2013, 24.12 square meters of the multi-family house of the instant real estate (unclaimed as the same No. 204 or 102 Dong 204) among the multi-family houses of the instant real estate, the lease deposit was 20 million won, and the date of the contract was March 21, 2012, March 21, 2012; the date of possession was March 27, 2012; the date of resident registration was March 27, 2012; the date of resident registration was February 13, 2013; and the registration of the lease right as the Plaintiff.

(e) upon the request of the National Bank, which is a collateral security;

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