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(영문) 서울남부지방법원 2014.06.13 2013가합108601
배당이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Defendant asserts that the lawsuit in this case is unlawful as a lawsuit filed by a person without the standing to be a party, on the grounds that the creditor who stated an objection to the distribution schedule of December 20, 2013, which was prepared in the Seoul Southern District Court B real estate auction case, which is the subject of the lawsuit in this case, is not the “Yeongsung Sungsungsung (Seoul District Court),” and that the creditor who stated an objection to the distribution schedule is not the Plaintiff.

In full view of the contents of evidence Nos. 7 and 8, as a whole, the plaintiff and the above Association of the Korean Egyptism and the above Association of the Korean Egyptism are the same church and it can be recognized that only the name and address are changed. Thus, the above safety resistance of the defendant is without merit.

2. Determination as to the cause of claim

A. On August 31, 2010, the Plaintiff sold at KRW 3,200,000,00 the Guro-gu Seoul Metropolitan Government Land to C, and on October 6, 2010, the Plaintiff sold at KRW 3,200,000. On October 6, 2010, the Guro-gu Seoul Land (hereinafter “instant land”).

(2) On May 12, 2011, the registration of the establishment of a collateral security (hereinafter “Defendant-mortgage”) was completed on October 13, 201, with respect to the instant land as a security for the said purchase-price claim by C, the Seoul Southern District Court, the Seoul Southern District Court, the registration office, and the registry office of 64814, which received on October 13, 2010. (2) The registration of the establishment of a collateral security (hereinafter “mortgage”) was revoked on May 12, 201. As to the instant land, the registration of the establishment of a collateral security (hereinafter “Defendant-mortgage”) was revoked on May 12, 201 by the debtor C, the maximum debt amount, 50,000,000 won, and the registration of the establishment of a collateral security (hereinafter “the maximum debt amount”) established on May 314, 201, instead of the registration of the establishment of the said mortgage under the Plaintiff’s name.

3. The instant land.

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