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(영문) 수원지방법원안양지원 2017.06.09 2016가합103403
배당이의
Text

1. A distribution schedule prepared on August 24, 2016 by this court with respect to a compulsory auction of real estate C with the Suwon District Court inside.

Reasons

1. Basic facts

A. On December 24, 2012, Ansan-si E, F, and G land as joint collateral, D entered into a mortgage agreement with the maximum debt amount of 2.60 million won as to each of the above lands, which is the debtor, H, and Gwangju Metropolitan City Livestock Cooperatives (hereinafter “Magju Livestock Cooperatives”), and completed the registration of establishment of mortgage (hereinafter “the instant mortgage agreement”) with the Suwon-gu District Court within the Suwon-gu District Court, No. 94077, Dec. 24, 2012.

The land above E was divided into J land on November 28, 2013, L land, M land, N land on June 13, 2014,O land on October 8, 2014, and P land, respectively.

The above land, F, and G land are “each of the instant real estate”

A person shall be appointed.

B. On July 24, 2014, the Plaintiff and I concluded a sales contract to purchase KRW 534 million of land N and J in Ansan-gu, Mayang-gu, Mayang-si, and J from D.

C. On November 4, 2014, the Plaintiff and I completed the provisional disposition registration on the same day with the right to claim the ownership transfer registration based on sale as the preserved right, which was rendered by the Suwon District Court Branch No. 2014Kadan2966, as to F and J land.

On April 7, 2015, upon the application for voluntary auction at the Gwangju Livestock Cooperative, the procedure of auction was commenced in Suwon District Court for each real estate at issue. On October 5, 2015, the Plaintiff subrogated to the Gwangju Livestock Cooperative for the total amount of H’s loan amount of KRW 215,269,783, and the Gwangju Livestock Cooperative withdrawn the application for voluntary auction on October 5, 2015.

E. On the ground of termination on December 30, 2015, the Suwon District Court of the Republic of Korea (Seoul District Court) completed the registration of cancellation of the instant right to collateral security under No. 234413, Dec. 30, 2015.

F. The Plaintiff: (a) was a creditor of provisional attachment owned with I as a joint bond in the case of the Suwon District Court for the compulsory auction of real estate C with respect to each of the instant real estate; and (b) made a demand for distribution of KRW 215,269,783 as a subrogation for the instant collateral security obligation, which was a person who has subrogated for the instant collateral security obligation, with I.

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