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(영문) 수원지방법원여주지원 2016.11.16 2016가합41
배당이의
Text

1. A distribution schedule prepared on February 1, 2016 by the said court with respect to the case of the voluntary auction of real estate D in Suwon District Court Branch D.

Reasons

1. Basic facts

A. 1) The Plaintiffs are the deceased E (hereinafter “the deceased”).

2) The Defendant, as the son’s children, is the deceased’s son who is the birth of the deceased.

B. On July 2, 2013, the Defendant established the right to collateral security (hereinafter “instant real estate”) on July 2, 2013, the Defendant completed the registration of the establishment of the right to collateral security (hereinafter “instant right to collateral security”) consisting of the maximum debt amount of KRW 150 million, the mortgagee of the right to collateral security, the Defendant, and the Deceased, on the ground of the instant right to collateral security (hereinafter “instant right to collateral security”).

C. 1) The Deceased died on February 27, 2015, and the Plaintiffs jointly inherited the deceased’s property according to the inheritance shares (each 1/2). 2) On April 13, 2014, the Defendant filed an application for voluntary auction of the instant real property with the Suwon District Court D with respect to the leisure branch, based on the instant collateral security on April 13, 2014, and the decision to commence voluntary auction was rendered on April 20, 2015.

(3) After the instant auction procedure (hereinafter “instant auction procedure”), on February 27, 2015, the registration of transfer of ownership in the names of the Plaintiffs was completed on the grounds of inheritance on February 27, 2015 with respect to each of the instant real estates on January 6, 2016. (4) In the instant auction procedure, the instant real estate was sold to a third party on January 6, 2016. On February 3, 2016, the auction court held that: (a) KRW 289,854,228 of the amount to be actually distributed on February 3, 2016; (b) KRW 20,225,279 (100% of the amount to be distributed); and (c) KRW 40,676,414 (10% of the amount to be distributed); and (d) KRW 501,750 (100%) of the amount to be distributed to the Mapo Credit Cooperative, a person entitled to issuance, and the remaining distribution schedule to the Defendant.

5 The plaintiffs are above.

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