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(영문) 광주지방법원 2018.05.15 2017가단512981
배당이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On June 2, 2015, C acquired the ownership of the said real estate by completing the registration of ownership transfer on the grounds of sale as of October 20, 2014, which was made on June 2, 2015.

(hereinafter referred to as “instant real estate”). B

After June 2, 2015, the main contents of this case in relation to the creation of rights to the instant real estate and the status of registration are as follows.

1) On October 27, 2015, 2015, on June 2, 2015, the establishment registration for a provisional seizure was completed in the name of the Gwangju Bank Co., Ltd. (the maximum amount of claims KRW 391,00,000) on the basis of a pre-sale agreement on April 6, 2016 (hereinafter referred to as “the provisional registration of this case”). The provisional registration of ownership transfer was completed on April 7, 2016 (hereinafter referred to as “the provisional registration of this case”).

A person shall be appointed.

C. On August 30, 2016, the Defendant filed an application for a compulsory auction for the execution of the main seizure of provisional seizure and started the auction procedure for the instant real estate to Gwangju District Court A, and on September 20, 2016, on September 20, 2016, the registration of the decision to commence voluntary auction for the instant real estate was completed on September 20, 2016.

(D) The auction procedure commenced as above is called this case's auction procedure.

On November 21, 2016, the completion date for demand for distribution determined in the instant auction procedure was November 21, 2016. However, the Plaintiff reported the claim amounting to KRW 600,000,000 on a promissory note No. 300 on November 9, 2016, which was prior to the completion date for demand for distribution in the instant auction procedure.

E. Meanwhile, on November 15, 2016, the Plaintiff filed an application for principal registration of ownership transfer registration based on the provisional registration of this case on November 15, 2016 while proceeding with the instant auction procedure, and the principal registration of this case was completed in the future of the Plaintiff.

F. As the principal registration based on the above provisional registration has been completed, 2 cases of provisional attachment registration of the Seoul Guarantee Insurance and one case of provisional attachment registration of the Specialized Construction Guarantee Fund registered after the provisional registration of this case.

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