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(영문) 대전지방법원 2015.08.28 2015나3080
배당이의
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

Basic Facts

On March 30, 2011, with respect to the instant land owned by G, which is his/her father, around 869 square meters (hereinafter “instant land”), around March 30, 201, the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) was completed on May 24, 201 by the competent registry office of Daejeon District Court as the maximum amount of claims KRW 45,000,000, which was based on the contract for establishing a contract on March 30, 2011, under Article 6574, which was received on March 30, 201.

E around February 13, 2012, on the instant land, completed the registration of ownership transfer based on sale on February 13, 2012. On September 21, 2012, the Plaintiff entered into a mortgage contract with E as to the instant land with the maximum debt amount of KRW 30,00,000,000, and completed the registration of establishment of a neighboring mortgage based on the contract on September 21, 2012, with the same registry office No. 22262, Sept. 21, 2012.

On October 12, 2012, the order to commence the auction of real estate was issued on the instant land by YIB Co., Ltd., a collateral security right holder of the instant land, to commence the auction of real estate under the Hongsung Branch of the Daejeon District Court, and on October 12, 2012. On September 5, 2013, the National Agricultural Cooperative, a collateral security right holder of the instant land and the Chungcheongnam-nam Budget Group, filed an application for commencement of auction of real estate rent with the Daejeon District Court Red support D on each of the instant land, and the said auction case was consolidated.

(hereinafter “instant auction procedure”). At the instant auction procedure, the executing court made a distribution schedule with the following content, while allocating KRW 160,00,000, out of KRW 524,930,652, which is to be actually distributed to the Defendant on July 30, 2014.

The grounds for the order of distribution of the creditor's amount of credit are 150,800 150,80 150,800 150,800 2 budget agricultural cooperatives 314,750,685 2 budget 309,081,512 3 budget 2 budget 309,081,512.

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