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(영문) 부산지방법원동부지원 2016.07.13 2015가단14015
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. The registration of ownership transfer was completed in the name of D on December 2, 1997, the registration of ownership transfer was completed in the name of E on the grounds of sale on June 18, 2002, and the registration of ownership transfer was completed in the name of the defendant on September 9, 201 on the grounds of sale on September 9, 201.

B. As to the instant real estate Nos. 1 and 2, on January 25, 2007, the registration of creation of a neighboring community credit cooperative consisting of the creditor F, the debtor F, the joint collateral list Nos. 3 and 4, and the right holder-holder-military community credit cooperative.

C. On November 19, 2003, the registration of ownership transfer was completed in F’s name on the third real estate of this case. On January 25, 2007, the registration of ownership transfer was completed in F’s name, and on January 25, 2007, the registration of the establishment of a neighboring community that was made up of the maximum debt amount of KRW 520,000,000,000,000,000,000,000

In addition, with respect to the above real estate, the registration of creation of a mortgage was completed in the aggregate of the debtor F, the right holder, and the maximum debt amount of 143 million won from January 26, 2007 to November 7, 2007, and as to the above real estate, the registration of creation of a mortgage was completed in the aggregate of 143 million won. Each joint security included the second real estate in the instant case.

According to the application of the captain-gun Saemaul Savings Depository, the auction procedure was conducted with respect to the real estate Nos. 1, 2, and 3 of this case. As to the real estate No. 1 and 2 of this case, the decision of permission for sale was made at the price of KRW 750,00,000 (including the off-site building) and KRW 302,100,000 for the

E. Accordingly, on July 21, 2015, a distribution schedule was prepared to distribute the surplus amounting to KRW 538,750,650 as the owner of the first and second real estate in this case as the applicant creditor of the first and second real estate in this case, and KRW 31,440,989 as the creditor of the third real estate in this case, and the defendant as the owner of the second and second real estate in this case, as the owner of the second real estate in this case.

F. The plaintiff was present on the date of distribution and distributed to the defendant.

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