logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2019.11.15 2019나51298
배당이의
Text

1. Revocation of the first instance judgment.

2. As to the case of Jinwon District Court Jinju C real estate auction.

Reasons

1. Basic facts

A. The deceased’s acquisition of real property and death 1) The deceased D (hereinafter “the deceased”).

(2) On September 3, 2015, the Plaintiff completed the registration of ownership transfer with respect to the E large scale 429 square meters in Chungcheongnam-Gun, Chungcheongnam-do, and on May 31, 2016, and thereafter, on May 31, 2016, the two-story building (1st, 137 square meters in height, 2nd, 137 square meters in total with the foregoing land; hereinafter “instant real estate”).

2) On March 3, 2017, the deceased died on March 3, 2017, and the deceased’s heir has husband I, children J, K, and L (hereinafter “heirs”).

3) As to the instant real estate after the deceased’s death, the deceased’s creditors M obtained a provisional attachment decision (Seoul District Court 2017Kadan10182) on April 4, 2017, and on behalf of inheritors on April 6, 2017, the heir completed the inheritance registration of the instant real estate on his/her behalf. 4) As to the instant real estate after the inheritance registration, the creditor N Co., Ltd. on April 18, 2017, the creditor N Co., Ltd., the creditor N Co., Ltd. on June 14, 2017, and the creditor P Co., Ltd. on July 31, 2017.

B. On April 7, 2017, the Plaintiff and Q completed the registration of establishment of a new mortgage on the instant real estate on the ground of a contract concluded on August 1, 2016, with respect to the instant real estate, the registration of establishment of a new mortgage on the maximum debt amount of KRW 200 million on the ground of a contract concluded on August 9, 2016, with respect to the establishment of a new mortgage on the instant real estate and the right to claim the registration of establishment of a new mortgage (Seoul District Court Decision 2017Kadan10236), and on the same day, the Plaintiff and Q Q completed the registration of establishment of a new mortgage amount of KRW 200 million on the instant real estate.

C. 1) On July 3, 2017, with respect to the instant real estate, a voluntary auction was commenced upon the application of the Korea Federation of Property Rights (C. 2) on July 3, 2017 (the Changwon District Court’s J. 3). 2) In the above auction procedure, the Defendant, upon successful bid, completed the registration of ownership transfer due to sale due to voluntary auction on January 18, 2018, and the auction court shall complete the registration of ownership transfer due to the auction on January 18,

arrow