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(영문) 창원지방법원거창지원 2020.12.08 2020가단11136
배당이의
Text

1. A distribution schedule prepared on June 29, 2020 by the said court with respect to a compulsory auction by official auction against F real estate in the Changwon District Court Dao branch.

Reasons

Basic Facts

A. around February 20, 191, Defendant C purchased the land of this case from G to H 680 square meters (hereinafter “instant land”). However, Defendant C completed the registration of creation of a collateral security (hereinafter “instant collateral security”) with respect to the instant land, which is set forth as the debtor I, the mortgagee C, the maximum debt amount, 900,000 won, for the purpose of ensuring the performance of the obligation to register ownership transfer to Defendant C as farmland.

On June 28, 1996, Defendant C filed a lawsuit against I on June 28, 1996 with the Busan District Court for the registration of ownership transfer on the land of this case (Seoul District Court 96Dadan47544), and on January 23, 1997 from the above court, Defendant C was sentenced to the judgment that “I shall implement the procedures for ownership transfer registration on the land of this case to Defendant C for the cancellation of title trust on June 10, 1996.” The above judgment became final and conclusive around that time.

B. Defendant D (hereinafter “Defendant D”) completed the registration of provisional seizure on the instant land by the decision of Changwon District Court for the provisional seizure on April 14, 1993 (hereinafter “instant provisional seizure”).

C. On July 24, 2013, the Plaintiff filed an application with the Changwon District Court for a payment order of loans, etc. with the Changwon District Court (Seoul District Court Decision 2013j177), which was July 25, 2013, the Plaintiff received a payment order (hereinafter “instant payment order”) stating that “I, etc. jointly and severally, pay to the Plaintiff the amount of KRW 5,00,000 and the amount calculated by applying the rate of 24% per annum from June 28, 1992 to the date of full payment” (hereinafter “instant payment order”). The said payment order was finalized on August 14, 2013.

I’s creditor J received a decision to commence compulsory auction on April 12, 2019 with respect to the instant land from the Changwon District Court, and on May 15, 2020 from the above auction procedure (hereinafter “instant auction procedure”). K sells by compulsory auction on May 15, 202.

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