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(영문) 전주지방법원 2018.11.14 2017가합505
배당이의
Text

1. A distribution schedule prepared on December 26, 2016 by the preceding district court G and H (Dual) with respect to the auction of real estate.

Reasons

1. Facts of recognition;

A. On September 10, 2007, the Plaintiff entered into a mortgage contract with the Defendant’s Intervenor on September 10, 2007, 1,938 square meters (hereinafter “the building site prior to the instant partition”) and JJ 318 square meters (hereinafter “the building site prior to the instant partition”). The Plaintiff entered into a mortgage contract with the Defendant’s Intervenor on September 10, 2007, and completed the registration of the establishment of a mortgage agreement with the Defendant K, the maximum debt amount of KRW 450,50 million (hereinafter “the first mortgage”) with respect to each of the said real estate as of September 10, 2007, under the receipt of the former District Court Decision No. 38070, Sept. 10, 2007.

B) On August 26, 2009, the site for the instant building before the instant partition is 985 square meters, L 953 square meters (hereinafter referred to as J 318 square meters and L 953 square meters (hereinafter referred to as “instant real estate”).

(1) The land category was changed to a site on August 27, 2009 (hereinafter “I large scale 985 square meters”) and the land category of the I large scale 985 square meters was divided as “the instant building site.”

C) On the ground of the instant building site, the Plaintiff newly constructed a 80.81 square meters of low-weight steel structure, a detached house of 80.81 square meters (hereinafter “instant building”). On September 3, 2009, the Plaintiff completed the registration of initial ownership relating to the instant building. On the same day, the Plaintiff concluded an additional mortgage agreement with the Intervenor to add the instant building as a joint collateral of the instant collateral security, and completed the registration of creation of mortgage near the Jeonju District Court No. 38898, Sept. 3, 2009.

2) On September 3, 2009, the intervenor establishing the second right to collateral security (hereinafter “the second right to collateral security”) in relation to the instant real estate and the instant building site and the instant building amount of KRW 66,50,000,000 for the debtor and the maximum debt amount (hereinafter “the second right to collateral security”).

(B) On July 29, 2010, the registration of the establishment was completed, and the registration of the alteration of the right to collateral security was completed by changing the debtor of the second right to collateral security to N. B. On February 11, 2015, the Intervenor was the instant real estate and the instant building.

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