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(영문) 수원지방법원 2018.08.24 2017나72782
배당이의
Text

1. Revocation of the first instance judgment.

2. The distribution procedure for the case of voluntary auction of real estate E in Suwon District Court Sung-nam Branch E.

Reasons

Basic Facts

On May 16, 2006, the Plaintiff: (a) completed the establishment registration of a mortgage (hereinafter the above collateral security (hereinafter the “instant mortgage”) with respect to the share of KRW 2/14=7,438,06 (=7,438/52,06) out of the shares of 7,438 square meters (hereinafter the “instant land”) in Sungnam-si, Sungnam-si, the Plaintiff owned by the Plaintiff; (b) donated on June 17, 2015, to H the portion of the instant share, “17/7,438 (=1,239/52,066) of the instant land” among the shares.

As a result, the Plaintiff’s ownership ratio of the instant shares became 6,199/7,438 [=(=(7,438-1,239)/7,438] out of the above shares.

(A) On April 22, 2015, the Defendants received an assignment order of the right to collateral security (284,001,357 won (Defendant B: 157,778,535 won), Defendant C, and D: 63,111,411 won, respectively; hereinafter “instant assignment order”) and completed the supplementary registration of the instant assignment order under the name of the Defendants on September 3, 2015, with respect to F’s instant collateral security claim against F based on the judgment claim against F, which was based on the claim for the payment of the sales contract balance and the contract deposit (2013,2306) and the judgment claim against F. The Defendants completed the supplementary registration of the instant assignment order under the name of the Defendants on September 3, 2015.

(A) On October 22, 2015, the Defendants filed an application for voluntary auction with respect to the instant shares to Sungwon District Court Sung-nam Branch E, and received a decision to commence voluntary auction from the said court on October 22, 2015. On November 24, 2016, the sale price of the instant real estate was KRW 276,183,00,00, the date of distribution of the said voluntary auction procedure (hereinafter “instant voluntary auction”), the amount to be distributed was KRW 271,52,93, the amount to be distributed, and the amount to be distributed was KRW 271,52,93, the amount to be distributed to Defendant B, C, and D, who are the persons who have the right to seize the right to collateral security (hereinafter “instant distribution schedule”).

(Evidence A Nos. 4, 5, and 1). The sum of Defendant D’s Defendant C.

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