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(영문) 수원지방법원여주지원 2016.01.14 2015가단7987
배당이의
Text

1. As to the case of D or D's auction of real estate in Suwon District Court, the above court on August 12, 2015.

Reasons

1. Basic facts

A. (1) On March 30, 2006, E completed the registration of ownership transfer with respect to G apartment No. 401, No. 405-dong 4, 605 (hereinafter “instant real estate No. 1”) on April 10, 2006, for reasons of sale and purchase on March 30, 2006.

B. On April 15, 2011, the Plaintiff completed the registration of ownership transfer with respect to H apartment Nos. 102, 302, and 302, H apartment No. 102 (hereinafter “instant real estate”).

B. On October 23, 2012, I completed the registration of creation of a mortgage over the instant immovable property No. 12, the maximum debt amount of October 23, 2012, and the debtor completed the registration of creation of a mortgage over the instant immovable property No. 12.

C. On January 8, 2014, the Defendant completed the registration of creation of a neighboring mortgage to E (hereinafter “registration of creation of a neighboring mortgage of this case”) on the grounds of a contract to establish a contract on January 8, 2014.

I applied for a voluntary auction of the instant real estate No. 12 to Suwon District Court in order to obtain a repayment of the secured debt of the right to collateral security as stated in the foregoing B B, the said court rendered a decision to commence auction on May 23, 2014, and the registration of the decision to commence auction was completed on May 23, 2014.

After that, the auction procedure was commenced to the above court D with respect to the real estate No. 1 in this case, and thereafter, the real estate No. 12 in this case was auctioned by the execution procedure of the above court C Auction Case.

[hereinafter] The case of auction in the above court C and D (Dual) is "the auction case of this case"] E.

On August 12, 2015, a court of execution prepared a distribution schedule (hereinafter referred to as “instant distribution schedule”) containing the content of distributing dividends of KRW 18,876,164 to the Defendant (the amount of claims, maximum amount of claims, amount of claims: KRW 2.2 million, amount of dividends: 3, and grounds: the mortgagee of a right to collateral security (the Plaintiff))). On August 12, 2015, the court of execution prepared a distribution schedule containing the content of distributing dividends of KRW 18,876,164 to the Plaintiff. The Plaintiff was present on the date of distribution on the date of distribution, and

[Ground of recognition] A.

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