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(영문) 의정부지방법원고양지원 2014.11.07 2013가합6728
배당이의 등
Text

1. With respect to the auction cases of the replacement of real estate D, E, and F (Dual) real estate by the High Government District Court, the same court shall take on July 18, 2013.

Reasons

1. Basic facts

A. On August 31, 2002, G 17,948 square meters of the land in Yongsan-gu, Manyang-si (11 square meters of H forest in Yongsan-gu, Manyang-si, Incheon-si, and 41 square meters of I forest. On December 30, 2003, after the registration was made for the conversion of 17,896 square meters of J forest in Jungyang-gu, Jungyang-gu, Jungyang-si, Incheon-si, and on December 30, 2003, 236 square meters of KJ forest, 944 square meters of L forest, M 781 square meters of forest, N 841 square meters of forest, O forest, 7,819 square meters was divided and divided, and on May 16, 2005, the registration of ownership transfer was completed with respect to the Plaintiff’s share under the name of 301/30 of the auction procedure.

B. However, in substance, Plaintiff B paid the above successful bid price and agreed between P and P to exercise Plaintiff B’s right to dispose of the shares in P out of the instant forest land (hereinafter “instant shares”).

C. At around 200, Q, a real estate developer, purchased approximately KRW 80,00, including the instant forest land, and newly built and sold the apartment on the ground (hereinafter “instant apartment project”) to Plaintiff B. However, the Plaintiff converted KRW 700,000,000 from the money invested in Q’s apartment project to the investment in the instant apartment project, and made a proposal to the effect that it would contribute to the instant apartment project by setting up a collateral security right of KRW 500,000,000 with respect to the instant portion under the pretext of the right to return the investment deposit.

Plaintiff

B In accordance with the above proposal, the registration of creation of a collateral security (hereinafter “registration of creation of a collateral security”) with respect to the instant shares by the Government Branch of the Seoul District Court was rendered on July 26, 2000 by the Busan District Court No. 5496, Jul. 21, 2000, the maximum debt amount of which was 500,000,000 won, and the debtor P and the Plaintiff of the Hy-mortgage.

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