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(영문) 의정부지방법원 2017.11.10 2016가합2748
배당이의
Text

1. Defendant . Of the distribution schedule prepared on December 8, 2016 by the same court with respect to the distribution procedure case by the District Court of the Republic of Korea District Court.

Reasons

1. Basic facts

A. On September 7, 199, the Plaintiff purchased 4,040/112,50 shares of L forest land and 6,661 square meters (hereinafter “L forest and 6,661 square meters before division”), M forest and 5,842 square meters (the area is corrected to 6,473 square meters after division; hereinafter “M forest and 6,473 square meters before division”). On April 22, 2004, the Plaintiff completed the registration of ownership transfer based on sale.

B. Defendant B’s registration of creation of a neighboring mortgage of the Defendants (hereinafter “Defendant B’s registration of creation of a neighboring mortgage”) with respect to the Plaintiff’s portion of M forest land M on January 3, 2006, the maximum debt amount of KRW 450 million, and the registration of creation of a neighboring mortgage of Defendant B, N, as to the Plaintiff’s portion of forest land

A) After completion of the said forest, M forest land is not less than 4,625 square meters (hereinafter “M forest after division”) at the time of strike.

(1) 1,848m2 (hereinafter referred to as “O forest”) and O forest in Pakistan-si.

(2) On January 27, 2006, Defendant H and I completed the registration of creation of a neighboring mortgage (hereinafter “Defendant H and I’s registration of creation of a neighboring forest”) with respect to the Plaintiff’s portion of L forest land prior to the division, Defendant H and I completed the registration of creation of a new mortgage (hereinafter “registration of creation of a neighboring forest”) with the obligor N.

In the meantime, the said forest was divided into 4,359 square meters of L Forest (hereinafter “L forest”) and 2,302 square meters of P forest (hereinafter “P forest”) at the time of strike. The registration of establishment of a neighboring forest by Defendant H and I was transferred to the registry of the said divided forest.

3) Since the division on September 23, 2009, Q is required to register the creation of a mortgage on L and M’s share in the Plaintiff’s land after the division on September 23, 2009, KRW 1.2 billion with the maximum debt amount, and each establishment of a mortgage on Q’s share in the debtor N

(C) The Korea Land and Housing Corporation (Korea Land and Housing Corporation) accepted L and M forests after division on December 19, 2013, in which Q died, and Defendant E, F and G jointly inherited Q. (c) The Korea Land and Housing Corporation accepted L and M forests after division.

2. Since then, the defendants are entitled to compensation for expropriation of the plaintiff's Korea Land and Housing Corporation as shown in the attached Table.

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