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(영문) 의정부지방법원 2018.07.13 2017가합54203
배당이의
Text

1. Of the distribution schedule prepared on January 23, 2017 by the above court with respect to the case of D's voluntary auction of real estate, the District Court of the Republic of Korea.

Reasons

1. Basic facts

A. 1) The right relationship of the instant real estate 1) Defendant C is the E-mail 468.9 square meters (hereinafter “instant land”) at the Government of Jung-si on September 22, 2008.

2) On the same day, Defendant C borrowed KRW 680,000,000 from F organizations (hereinafter “instant F organization loan”).

(2) On the same day, the F organization completed the registration of the establishment of a mortgage over Defendant C and the maximum debt amount of KRW 816,00,000 with respect to the instant land. (2) On July 27, 2010, Defendant C completed the registration of the establishment of a mortgage over the instant land, with respect to the land of KRW 146.59 square meters (hereinafter “instant building”) for the second class neighborhood living facilities of the 2nd class neighborhood living facilities on the instant land, including the lightweight structure, and the instant land and the instant building, together with the instant land.

On the same day, the F organization completed the registration of the establishment of a neighboring mortgage of the debtor C and C, the maximum debt amount of KRW 816,00,000 (hereinafter referred to as the “instant collateral security”) regarding the instant building.

3) On November 17, 2010, the Plaintiff filed a provisional registration of the right to claim ownership transfer on the ground of sale reservation with respect to the instant real estate (hereinafter “instant provisional registration”).

2) On February 16, 201, the Plaintiff completed the registration of ownership transfer based on the provisional registration of this case (hereinafter “instant principal registration”) with respect to the instant real estate on February 16, 201.

(B) The instant real estate auction procedure was completed. (1) The G Co., Ltd. (hereinafter referred to as “H” without distinguishing F organizations and G Co., Ltd.) that acquired the instant F organization loan claims and the right to collateral security from F organizations (hereinafter referred to as “F”) filed an application for voluntary auction on the instant real estate with the Speaker District Court D, and the decision on voluntary auction was rendered on April 23, 2014.

(hereinafter “instant auction case”). H transferred the instant F organization loan to Defendant B, and then changed the obligee from H to Defendant B on July 16, 2014.

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