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(영문) 의정부지방법원 2016.05.10 2015가단46188
배당이의
Text

1. A distribution schedule prepared on December 23, 2015 by the above court with respect to cases of application for compulsory auction against B real estate by the Speaker District Court.

Reasons

1. Basic facts

A. On September 24, 1996, C completed the registration of the establishment of a mortgage over 1203 square meters (hereinafter “instant land”) prior to D, Nam-si, Namyang-si, the Republic of Korea District Court No. 64846 on the same day of the Namyang District Court’s receipt of the same date, as the maximum debt amount of KRW 10 million, the registration of the establishment of a mortgage over the debtor C, the registration of the establishment of a mortgage over the debtor under Article 64847 of the same date of receipt of the same registry office, the maximum debt amount of KRW 290 million, the debtor C, and the debtor C, the

(B) Each of the above collateral security rights is "each of the instant collateral security rights" and each of the above collateral security rights is "the establishment registration of each of the instant collateral security rights".

On May 10, 2004, the Plaintiff filed a lawsuit against C, etc. against the Seoul Central District Court 2004Kadan145025, and on November 25, 2004, the said court rendered a judgment to the effect that “C, jointly with F, shall pay to the Plaintiff KRW 520,400,131 and any delay damages for KRW 479,311,81,816,” and the said judgment became final and conclusive on January 13, 2005.

C. On October 8, 2013, when the lawsuit was pending, the Plaintiff filed a lawsuit claiming for cancellation of the registration of the establishment of a mortgage on the ground of C’s subrogation. On October 8, 2013, the Plaintiff completed the additional registration of the transfer of the right to collateral security on the ground of the transfer of the right to collateral security on September 26, 2005, No. 122696 of the receipt date of the registration office of the Namyang District Court, No. 12696 of the same date, and No. 122697 of the same date of the registration office, respectively.

In addition, on March 14, 2014, the Defendant participated in the lawsuit seeking cancellation of the registration of the establishment of a mortgage, and was sentenced to a judgment by the above court on March 14, 2014 that "the Defendant shall implement the registration procedure for cancellation of the establishment of a mortgage of each of the instant units of the instant units of the instant case to C," and appealed as 2014Na5037, the judgment of the above appellate court dismissed the appeal on March 20, 2015.

Since then, the defendant filed an appeal with Supreme Court Decision 2015Da24898, which was the final appeal.

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