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(영문) 수원지방법원여주지원 2015.09.24 2015가단20164
배당이의
Text

1. A distribution table prepared on January 7, 2015 by the said court with respect to the auction case of real estate B located in Suwon District Court branch.

Reasons

1. Basic facts

A. C has completed the registration of ownership transfer on July 15, 201 for the real estate listed in the separate sheet (hereinafter “instant real estate”) on June 10, 201.

B. (1) (D) on January 17, 2014, due to the contract to establish the instant real estate, the maximum debt amount of January 17, 2014 was KRW 37.5 million, and the debtor completed the registration of the establishment of a neighboring mortgage to C.

B. On October 13, 2009, the Defendant completed the registration of the establishment of a neighboring mortgage to C, on February 10, 2014, on the ground of a contract to establish a mortgage (hereinafter “mortgage-mortgage-backed mortgage-related contract”) regarding the instant real property, the maximum debt amount is KRW 25 million, and the debtor completed the registration of the establishment of a mortgage to C.

(hereinafter referred to as the “mortgage of this case”). The Plaintiff filed an application for provisional attachment of the instant real estate with the Suwon District Court rendered a provisional attachment order on May 1, 2014, and the provisional attachment registration was completed on May 1, 2014, in order to preserve the claim for reimbursement against C (the claimed amount: KRW 4.2.5 million).

(hereinafter “instant provisional seizure”) C.

(1) On March 7, 2014, D applied for the voluntary auction of the instant real estate to Suwon District Court Branch B in order to obtain the repayment of the instant claim for the collateral security interest, the said court rendered a decision to commence the auction on March 7, 2014, and the registration of the decision to commence the auction was completed on March 7, 2014.

On the other hand, with respect to the above auction case, the court of execution designated the completion period to demand a distribution on June 5, 2014, and publicly announced it.

(hereinafter “instant auction case”). On May 15, 2014, the Plaintiff filed a request for distribution with the executing court of the instant auction case concerning the claim for provisional seizure of this case.

On December 23, 2014, the defendant submitted to the executing court of the auction case of this case a statement of claim amounting to KRW 25 million.

On January 7, 2015, the executing court of the auction case of this case shall pay 24,11,330 won to the defendant (right to collateral security) on January 7, 2015.

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