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(영문) 인천지방법원 2015.06.17 2014가단85048
배당이의
Text

1. Of the distribution schedule prepared on December 19, 2014 with respect to the instant case of DD real estate auction, this Court is against the Plaintiffs.

Reasons

1. The following facts may be found either in dispute between the parties or in combination with the whole purport of the pleadings in each entry in Gap evidence 1 to 4:

E on September 9, 201, with respect to the real estate listed in the separate sheet owned by E (hereinafter “instant housing”), the Namcheon Saemaeul Community Fund had completed the registration of creation of a neighboring mortgage for the debtor E, and on the same day, it had completed the registration of establishment of a neighboring mortgage for the plaintiffs as the maximum debt amount of KRW 420 million, the debtor E, and the creditor.

B. On the other hand, on September 29, 201, on the instant house, the ownership transfer registration based on the reservation was made in F on September 29, 201, and the ownership transfer registration based on the sale was made to F on April 24, 2012.

(c) E: 2012

5. On August 13, 2013, this Court filed a lawsuit against F for the cancellation of the said registration of ownership transfer on the ground that the said registration of ownership transfer was completed without going through liquidation procedures prescribed in the Provisional Registration Security Act, etc., and the said court rendered a favorable judgment in favor of E on August 13, 2013, and the said judgment was the same year.

9.5. As fixed and conclusive on October 18 of the same year, the registration of transfer of F’s ownership was cancelled. D.

On or around September 2012, the Southern Seocheon Saemaul Depository applied for an auction of real estate rent based on the right to collateral security with the court D with respect to the housing of this case and filed the same month.

6. Voluntary auction procedure was initiated, and the instant housing was sold to G on November 14, 2014.

E. On December 19, 2014, the court of execution prepared a distribution schedule with the content that distributes the amount of KRW 130,028,377 to the Defendant, who is the lessee of small claims, to the Defendant, who is the lessee of small claims, in the second order, KRW 75,140,00 and KRW 32,88,377 to the Defendant, the mortgagee of small claims, in the third order.

F. The Plaintiffs are against the Defendant on the date of the above distribution.

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