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(영문) 의정부지방법원 2016.12.21 2016가단20206
배당이의
Text

1. The defendant among the distribution schedule prepared on June 30, 2016 by the above court in the auction case of real estate C with the Jung-gu District Court C.

Reasons

1. On April 12, 2007, in the future, on April 12, 2007 and February 27, 2012, each ownership transfer registration was completed in order of the Plaintiff on February 27, 2012, regarding D forest land 31,983 square meters (hereinafter “instant land”).

On December 2, 2011, the establishment registration of a neighboring mortgage (hereinafter “mortgage”) or the establishment registration of a neighboring mortgage (hereinafter “mortgage of this case”) was completed on December 2, 201, the debtor E, the maximum debt amount of Defendant E, 30,000,000.

Upon Defendant’s application, in the auction procedure for the auction of real estate regarding the instant land (hereinafter “instant auction procedure”) commenced on April 3, 2015, the said court drafted a distribution schedule with the content of allocating the amount of KRW 30,000,000, which is the maximum debt amount, to the Defendant on June 30, 2016.

The Plaintiff appeared on the date of distribution, and raised an objection to the full amount of the dividend to the Defendant, and filed the instant lawsuit within seven days thereafter.

[Reasons for Recognition] Unsatisfy, entry of Gap 2, 5, and 6's evidence, the purport of the whole pleadings

2. The purport of the Plaintiff’s assertion is that the Plaintiff’s land was transferred the ownership of KRW 200,000,000,000,000,000,000,000,00,00

G transfers the title of the instant land to the Plaintiff under a title trust in the future, and thereafter, the Plaintiff completed the registration of ownership transfer on the ground of sale with E.

E, as seen above, before the registration of ownership transfer is completed for the land of this case, E did not obtain the consent of the title truster, the Plaintiff or F, and even if the secured debt was not established, E completed the registration of the establishment of a mortgage near the maximum debt amount of 30,000,000.

Nevertheless, in the auction procedure of this case, the Defendant submitted a claim statement of KRW 30,304,232 (i.e., principal KRW 10,000,000,000, and submitted the claim statement of KRW 20,304,232), which is the maximum debt amount based on the mortgage of this case.

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