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(영문) 의정부지방법원 2015.06.25 2014가합52619
배당이의
Text

1. Of the distribution schedule prepared on May 22, 2014 by the above court with respect to the auction of real estate C in the Jung-gu District Court C.

Reasons

1. Presumed factual basis

A. The Plaintiff’s F and D’s credit 1) on March 31, 2006 lent KRW 45,00,400 to F, and the Plaintiff loaned KRW 504,202,200 in total from around that time to May 18, 2007. 2) On August 2, 2011, F prepared and delivered to the Plaintiff a certificate of borrowing as of November 1, 201.

D, F’s ancillary, had jointly and severally guaranteed the F’s obligation to borrow the loan to the Plaintiff at the time when the said loan certificate was drawn up.

B. On February 25, 2011, the registration of the transfer of ownership in the name of G was completed on February 6, 201 with respect to the instant real estate owned by F (hereinafter “instant real estate”) indicated in Attachment 1 (hereinafter “F), and the registration of the transfer of ownership in the name of G was completed on July 6, 201. (2) As to the instant real estate, the registration of the transfer of ownership in the name of D was completed on August 12, 201, which was completed on August 12, 2011.

3) On August 19, 201, an offer to trade the instant real estate was made on the same day as the receipt No. 87360 on August 19, 201 (hereinafter “instant sales contract”).

2) The provisional registration of transfer of ownership under E’s name is the provisional registration of transfer of ownership (hereinafter “provisional registration of this case”).

(A) On December 17, 2012, the registration of the provisional registration before the provisional registration of the right to claim ownership transfer on the ground of the transfer on the same day (hereinafter “instant additional registration”) was completed.

(4) As to the instant real estate, the registration of creation of a mortgage (hereinafter “registration of creation of a mortgage of this case”) was completed as of August 19, 201 by the maximum debt amount of KRW 50,000,000, and the debtor D and the plaintiff of the right to collateral security (hereinafter “registration of creation of a mortgage of this case”).

C. Voluntary auction of the instant real estate (1) The Seongbuk Saemaul Community Depository requested the auction of the real estate in relation to the instant real estate, and the auction of the real estate was commenced on October 14, 2013 to the Jung-gu District Court C. (2) The auction court held on May 22, 2014 as to KRW 476,747,679 as the amount to be actually distributed on the date of distribution held on May 22, 2014.

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