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(영문) 수원지방법원 평택지원 2018.07.03 2017가단62806
배당이의
Text

1. With respect to the public auction and B (duplicate) of real estate A in the Suwon District Court, the above court shall have jurisdiction over the case on November 22, 2017.

Reasons

1. Facts of recognition;

A. On February 24, 2016, Han Bank filed an application for voluntary auction on each of the instant real estate with the right to collateral security (hereinafter “mortgage”) of KRW 3,480,000 on July 22, 2015 with the maximum debt amount set up on July 22, 2015 on the building on each of the above land (hereinafter “each of the instant real estate”) owned by Pyeongtaek-si D & 481.4m2, Pyeongtaek-si E-si, and KRW 323m23m2,323m2, and decided to commence the auction on February 25, 2016.

One Capital Co., Ltd. filed an application for voluntary auction of each of the instant real estate based on the right to collateral security of KRW 1,294,800,000 with respect to each of the instant real estate on July 22, 2015. On June 19, 2017, Suwon District Court rendered a decision to commence the auction on June 19, 2017.

B. On May 3, 2016, the Defendant acquired the claim for loans from Han Bank Co., Ltd. to C and the instant collateral security, which is the collateral therefor, and around that time, filed a report on the creditor’s change in the auction procedure for Lanwon District Court A and B (Dual) real estate.

C. On November 8, 2015, prior to the commencement of the auction procedure for real estate deposit as Suwon District Court A, C died.

On November 8, 2015, the Defendant completed the registration of ownership transfer on each of the instant real estate in subrogation of F, G, and H on November 24, 2016 due to inheritance on November 24, 2016. During that process, the Defendant spent KRW 165,563,190 at the cost of acquisition tax, etc., and KRW 6,429,160 at the expense of a certified judicial scrivener for registration of subrogation by inheritance, and KRW 171,92,350 in total.

On February 1, 2016, the Seoul Family Court 2015-Ma12193, which is the heir C, filed a report on renunciation of inheritance with the Seoul Family Court 2015-Ma12193, and the above decision became final and conclusive around that time. On February 2, 2017, the defendant appointed an attorney-at-law as an administrator of inherited property and corrected the indication of the party at the auction procedure of the status A real estate site D in Suwon District Court, Suwon District Court 2017.

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