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(영문) 인천지방법원 부천지원 2018.08.10 2017가합103343
배당이의
Text

1. All of the instant lawsuits are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. As to each real estate listed in the separate sheet No. 1-3, the establishment registration of a neighboring mortgage was completed on July 17, 2014, the maximum debt amount of which was 1,820,000,000 won, the debtor F, and the non-party 1-mortgaged credit cooperative, based on the contract concluded on July 17, 2014, as the receipt of No. 59589, Jul. 17, 2014.

B. On March 10, 2016, the Korea High Credit Union applied for a voluntary auction of real estate on each real estate listed in [Attachment List 1-3] to this Court D, and this Court rendered a voluntary decision to commence auction on March 10, 2016, and the decision to commence auction was completed on March 10, 2016 as the receipt of the Kimpo Registry on March 10, 2016.

C. In the foregoing D’s auction of real estate deposit, this Court rendered a final decision to demand distribution on March 14, 2016, stating that “The type period for demand for distribution for each real estate indicated in attached Table 1-3 shall be determined on May 23, 2016.”

The Plaintiff submitted a lien report on May 3, 2016 in the foregoing D Real Estate Auction case, and submitted a lien report on August 17, 2016.

E. As to the real estate listed in the separate list No. 1-3, the Plaintiff received the provisional attachment order from the Incheon District Court 2016Kadan3977 on July 22, 2016, and according to the above provisional attachment order, the Plaintiff registered the provisional attachment registration as the claim amounting to KRW 154,740,000 on July 25, 2016 and the provisional attachment registration as the creditor was completed.

F. As to each real estate listed in the separate sheet No. 4-7, on August 25, 2016, the registration of preservation of ownership was completed under Defendant F’s name on August 25, 2016, and the registration of establishment of a mortgage was completed on September 8, 2016, the Supreme Court Kimpo-si Office (No. 64073, Sept. 8, 2016), which was the maximum debt amount of KRW 1,820,000,000, the debtor F, the mortgagee, and the non-party Hypo-mortgageed credit cooperative.

G. The Korea High Credit Union applied for a voluntary auction of real estate on each real estate listed in [Attachment 4-7] List E to this Court, and this Court rendered a voluntary decision to commence the auction on September 20, 2016.

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