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1. The defendant is in accordance with the distribution procedure of the Jeju District Court D's Jeju District Court D's auction case.
Reasons
1. Basic facts
A. On December 8, 2016, the Plaintiff and the Plaintiff’s son F (hereinafter “Plaintiff, etc.”) concluded a sales contract with the E Co., Ltd. (Representative Directors G; hereinafter “E”) to purchase part of H forests and fields in Guangsi, and paid KRW 147,570,000 for the purchase price to E.
E, on March 7, 2017, agreed to refund the purchase price in the event that the registration of ownership transfer cannot be completed by April 28, 2017 to the Plaintiff, etc., but the said agreement did not comply therewith.
B. 1) Incorporated Company I (representative director G; hereinafter “I”) is an incorporated agricultural company, including the conclusion of a sales contract with I and the Defendant.
) On March 11, 2015, Ji-ri (hereinafter “Ji-ri”) at Jeju-si, the Defendant and the Defendant-owned (hereinafter “Ji-ri”).
2) The instant land is deemed as 2,162 square meters prior to K (hereinafter “instant land”).
A) The sales contract to purchase KRW 185,000,000 for the purchase price (hereinafter “instant sales contract”).
(2) On May 28, 2015, upon the Defendant’s request, the Plaintiff entered into a mortgage agreement with L Cooperatives to secure the loan obligation of this case with respect to the instant land, and completed the registration of the establishment of a neighboring mortgage (hereinafter “mortgage”) with the Defendant on May 28, 2015. However, on May 28, 2015, I did not complete the registration of the ownership transfer as a matter of the qualification certificate for acquisition of farmland. At the request of I, the Defendant entered into a mortgage agreement with L Cooperatives to secure the loan obligation of this case. On May 28, 2015, the Plaintiff completed the registration of the establishment of a neighboring mortgage (hereinafter “mortgage-mortgage-mortgage-backed property of this case” or “registration of the establishment of a neighboring mortgage-backed property of this case”).
On the other hand, around March 11, 2015, I purchased from C (the husband of the Defendant) 3207 square meters prior to M, and from N 226 square meters prior to O (I did not complete the registration of ownership transfer even with respect to the land of the said other two lots), and the instant right to collateral security is not only the instant land but also the instant land.