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(영문) 대구지방법원김천지원 2017.07.21 2016가합15849
배당이의
Text

1. On July 28, 2016, the Daegu District Court was drafted by the said court regarding the H real estate auction case in the Daegu District Court Kimcheon-do.

Reasons

1. Basic facts

A. The relationship between the parties 1) I is J Co., Ltd. (hereinafter “J”).

on October 21, 2013, the actual operator of K, each of the lands listed in Schedule 1 and 2 (hereinafter referred to as “each of the lands of this case”) from J from October 21, 2013.

2) Each of the buildings listed in [Attachment 3-10] section 3-10 of the [Attachment 3] section of Ldong building and each of the buildings listed in [Attachment 11-18] section of Mdong building is a sectional building of Mdong building, and each of the buildings listed in [Attachment 11-18] section of the [Attachment 1] section.

(3) Around August 2013, J agreed to the effect that “the O’s establishment of a mortgage on each of the instant buildings shall lend funds necessary for the completion of the building and complete the construction of the building,” and that “the registration of preservation of ownership shall not be completed as it did not obtain approval for use of each of the instant buildings at the time of the said agreement.”

N around January 22, 2014, asserting that “Around January 22, 2014, money was leased to I, the owner of each building of this case, to whom the right to collateral security was established with respect to each building of this case, and even if each building of this case was not registered, it is possible to enforce compulsory execution because it has the substance and appearance as a building under social norms,” and filed an application for provisional disposition with respect to each building of this case, the right to claim the performance of the establishment of a neighboring mortgage registration of each building of this case as a right to be preserved (Seoul District Court Decision 2014Kadan344) and received a provisional disposition on February 5, 2014, and on February 11, 2014, the name of I due to the entrustment of provisional disposition registration.

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