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(영문) 인천지방법원 2020.11.04 2020가단16098
배당이의
Text

Defendant . Of the dividend table prepared by the above court on July 24, 2020 with respect to the case of the auction of real estate D in Incheon District Court D.

Reasons

1. Facts of recognition;

A. The Defendants’ developments leading up to the establishment of the right to collateral security and the Plaintiff’s tax payment 1) Plaintiff, Defendants, and E jointly with F each real estate listed in the separate sheet (hereinafter “each of the instant real estate”).

(2) After purchasing the land, if the price of each real estate of this case increases, the ownership of each real estate of this case shall be disposed of and distributed the proceeds in proportion to the purchase price sharing. However, in order to secure the remaining buyers’ right to claim the settlement of accounts for each real estate of this case, the Plaintiff agreed to complete the registration of creation of a mortgage by setting the purchase price amount paid by the purchaser as the maximum claim amount. (2) Accordingly, on December 28, 2006, the Plaintiff purchased each real estate of this case at KRW 200,000,000, and completed the registration of ownership transfer on January 9, 2007 as to each real estate of this case.

3) On January 25, 2007, Defendant C paid 20,000,000 won as part of the purchase price of each of the instant real estate to F, and on February 2, 2007, the maximum debt amount of each of the instant real estate was 20,00,000 won due to the contract for establishing a mortgage as of January 26, 2007 and the debtor was the Plaintiff. Defendant B paid 50,000,000,000 won as part of the purchase price of each of the instant real estate to F on January 26, 2007, and completed the registration of establishment of a mortgage as to each of the instant real estate from around 50,00,000,000 won as to each of the instant real estate to around 30,000,0000,000 won as to the aggregate of the purchase price of each of the instant real estate, and from around 26, 2007, the debtor was the Plaintiff.

B. 1) The Defendant B filed an application for a voluntary auction on each of the instant real property and commenced the voluntary auction procedure to the Incheon District Court D. 2) The above auction court is the applicant creditor with the first order following the determination of the amount to be actually distributed on July 24, 2020 as KRW 88,688,024.

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