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(영문) 대전지방법원 2017.02.02 2016나107347
배당이의
Text

1. Revocation of a judgment of the first instance;

2. On July 28, 2015, the said court with respect to the distribution procedure case B by the Daejeon District Court.

Reasons

Basic Facts

The Plaintiff, on November 3, 2009, completed the registration of ownership transfer based on sale on October 9, 2009, with respect to the land of this case and the registration of ownership transfer for the land of 1,471 square meters prior to Daejeon Seo-gu Daejeon (hereinafter “Before partition”). On January 17, 2012, the said land was divided into the Daejeon Seo-gu Daejeon Seo-gu Category 260 square meters (hereinafter “C”) and the Daejeon Seo-gu D parking lot of 1,211 square meters (hereinafter “D land”) (hereinafter “each land of this case”), and the said land was combined with the said land of this case.

Meanwhile, on July 22, 2005, the establishment registration of a neighboring mortgage was completed with the maximum debt amount of KRW 260,000,000 on the land before subdivision, and the establishment registration was completed with respect to D land as the Cheongju Credit Cooperative, and the establishment registration was completed with respect to D land as the maximum debt amount of KRW 960,000,000 on October 23, 2013, and as the mortgagee E.

The head of the Seo-gu Daejeon Metropolitan City impose a non-performance penalty on the Plaintiff on April 23, 2012, by imposing a non-performance penalty and imposing expenses for administrative vicarious execution on the Plaintiff. The imposition disposition imposing a non-performance penalty of KRW 12,017,00 on May 20, 2012, imposing a non-performance penalty of KRW 12,017,00,000, and KRW 2,032,630, and KRW 430 on December 26, 2012, imposing a non-performance penalty of KRW 1,680,00 on October 8, 2013, imposing a non-performance penalty of KRW 130,00,000 on August 9, 2014, imposing a non-performance penalty of KRW 130,00,000, KRW 8,92,000, KRW 6,000; imposing a non-performance penalty of KRW 308,197.

On November 16, 2012, the Defendant determined and publicly announced an urban management plan (parking lot) and topographic map to extend the H entrance parking lot of the Daejeon Seo-gu Daejeon-gu G workers, Daejeon-gu, Daejeon-gu, Seoul (hereinafter “instant public announcement”), and each of the instant land owned by the Plaintiff was included in the land to be expropriated in the urban management planning project according to the said public announcement.

Daejeon Metropolitan City.

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