logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 여주지원 2018.01.31 2016가합638
배당이의
Text

1. The document prepared on September 21, 2016 by the said court with respect to the case of the voluntary auction of real estate G in Suwon District Court branch.

Reasons

1. Basic facts

A. Each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) was registered as a joint collateral security (hereinafter “the first collateral security”) with respect to each of the instant real estate as indicated in the separate sheet (hereinafter “each of the instant real estate”) on March 4, 2014, based on a contract to establish a mortgage on March 4, 2014, which was received on March 4, 2014 from Suwon District Court: (a) the joint collateral security (hereinafter “mortgage”) of KRW 300,000,000 for the obligor H, mortgagee E, Defendant E, the maximum debt amount, and maximum debt amount; and (b) the establishment of each of the instant real estate was completed on April 2, 2014 as a result of a contract to establish a mortgage on April 2, 2014, under Article 9852 of the aforementioned court; and (c) the joint collateral security (hereinafter “instant mortgage”).

B. On June 10, 2014, H completed the registration of transfer of ownership as the receipt No. 18601 on June 11, 2014, with respect to the J-based 18,020 square meters, etc. (hereinafter “I”) of J-based 18,020 square meters, etc. (the instant real estate Nos. 2, 3,5-15 due to the subsequent merger by division, etc. became the real estate of this case) to the Defendant E on September 24, 2014, with respect to the instant real estate No. 4, etc. (the instant real estate No. 1 and 4 due to the subsequent merger by division) of this case on September 26, 2014.

C. In the auction procedure (hereinafter “instant auction procedure”) with respect to each of the instant real estate, which was commenced on the basis of the instant collateral security, the auction court did not exceed the distribution schedule, including distribution of KRW 300,000,000 and KRW 558,00,000 to Defendant F, a mortgagee of the collateral security (order 2), among the amount to be actually distributed on September 21, 2016, the date of distribution, to Defendant E, a mortgagee of the collateral security (order 2), among the amount to be distributed on September 21, 2016.

arrow