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(영문) 춘천지방법원 영월지원 2018.04.12 2017가합10154
배당이의
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Facts of recognition

The instant real estate was divided into KRW 24,882 square meters of D forest land, E, 7,146 square meters of forest land, F forest land 16,529 square meters, G forest land 3,561 square meters, H forest land 3,561 square meters of 3,561 square meters, I forest land 5,019 square meters; hereinafter “instant real estate” was the real estate owned by the Mani comprehensive Construction Co., Ltd. (hereinafter “Mani comprehensive Construction”). On May 21, 2013, the construction of the pre-registered comprehensive construction acquired the right to claim a provisional registration of ownership transfer, and completed the provisional registration based on the provisional registration. The registration of ownership transfer based on the provisional registration was completed after the provisional registration was completed.

At the same time, Dashe established the right to collateral security of 6 billion won with respect to the instant real estate to the Defendant on the same day.

Plaintiff

On May 29, 2014, the Yujin Housing shall be the other party to this Court as 2014Kadan201, and the provisional seizure order for the real estate of this case shall be completed, and the registration thereof shall be completed.

(Amount claimed, KRW 318,805,338, and Promissory Notes). On December 19, 2014, Plaintiff A was set up with a maximum debt amount of KRW 370,000,000 with respect to the instant real estate, from Multilateral, as the maximum debt amount.

On April 21, 2015, the Dall has completed the registration of ownership transfer based on trust with Korea Trust Co., Ltd. as trustee.

On December 11, 2015, the Defendant created a pledge against KRW 1.1 billion out of his claim against J with respect to his own set-up and added a pledge to the instant real estate.

The J applied for the voluntary auction and distribution procedure for the instant real estate to Chuncheon District Court Young-ro Branch C, and the voluntary auction procedure was commenced on July 28, 2016.

A court of execution shall pay dividends on March 8, 2017, 5,248,076.

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