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(영문) 서울중앙지방법원 2014.11.13 2013가합541356
배당이의
Text

1. Defendant .. of the distribution schedule prepared by the above court on August 29, 2013 in the case of a compulsory auction by official auction by Seoul Central District Court E. of real estate.

Reasons

1. Basic facts

A. The Plaintiff and the Defendants’ registration of the establishment of a mortgage and the provisional seizure 1) The Plaintiff entered into a loan transaction agreement with F with the Plaintiff and real estate listed in the separate sheet of G and F joint ownership (hereinafter “instant real estate”) in order to secure the repayment of the said loan while carrying out the loan.

(2) As to the instant real estate, the Defendant A and B completed the registration of creation of each right to collateral security (No. 5 and 6 of the former registration No. 5, and No. 9,10 of the former registration No. 100,000,000,000 on May 23, 2011 (the former registration No. 454,80,000,000) (the former registration No. 26886, Apr. 6, 201) (the former registration No. 26887, Apr. 6, 2011), respectively, (the former registration No. 3 and 4 of the former registration No. 5, and the former registration No. 9,10) on May 23, 2011 (the former registration No. 100,000, March 19, 200).

(1) The Defendant C Co., Ltd. (hereinafter “Defendant C”) changed the name of each of the above collateral security rights to I and C on June 29, 2007, respectively, on October 4, 2004;

hereinafter “Defendant C”

(3) The provisional attachment registration of KRW 23,589,50 (hereinafter “the provisional attachment of this case”) as claimed in No. 26874 of May 23, 201 (amended by November 27, 2002 on the former registry) with respect to the real estate of this case is a provisional attachment registration of KRW 23,589,500.

(B) A. B. A. B. On August 28, 2012, Seoul Central District Court completed a compulsory auction and the Defendants’ claims 1) on the instant real estate, the Pacific Ocean Co., Ltd. transferred its claims against G and F from T and M to E on August 28, 2012. On August 29, 2012, the said court rendered a ruling to commence the auction of the instant real estate.

2. The defendant A and B attached each of the above auction proceedings with a contract establishing a right to collateral security and a promissory note with a face value of KRW 100 million on March 19, 2003. On the other hand, a loan of KRW 100,000,000 on March 19, 2003 is the secured claim of each of the instant mortgages.

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