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(영문) 서울북부지방법원 2018.09.13 2016가합25625
공탁금출급권 확인의 소
Text

1. The part of the Plaintiff Association’s claim for reimbursement of deposit money shall be dismissed.

2. Paragraph 1. of the same Article of the Plaintiff B Union.

Reasons

Basic Facts

K in the course of the voluntary auction procedure was the owner of any land described in this paragraph, including all the land described in this paragraph, which was divided into M29,759 square meters and 5,150 square meters of 61,461 square meters of L forest in Gyeyang-gu, Seoyang-gu, Seoyang-gu (M forest was divided into M29,759 square meters on July 25, 2014; hereinafter referred to as “each land of this case”).

① On May 10, 2012, upon the application of theO, which was the mortgagee of each of the instant lands, the voluntary auction procedure was initiated in order to Goyang Branch of the District Court on the Republic of Korea on May 10, 2012. ② On October 9, 2012, the voluntary auction procedure was initiated as R with the Dayang Branch of the District Court on March 9, 2012.

The term "I Religious Organization J (Registration Number for the Registration of Real Estate: S; hereinafter referred to as the "JJ") shall complete the registration of ownership transfer on December 18, 2012 with respect to each of the instant land on the same day, which was in the process of voluntary auction (duplicate).

After that, on June 13, 2014, the representative of the J church has been changed from T to U, and on July 21, 2014, the principal office has been changed to Goyang-gu V. On January 18, 2016, each registered titleholder whose representative has been changed from U to W, and the principal office has been changed to X X in Gyeyang-gu, Gyeyang-gu.

Meanwhile, on April 4, 2013, at the request of the Plaintiff Association B (hereinafter “Plaintiff B”) which was the mortgagee of each of the instant lands, the voluntary auction procedure was commenced on April 4, 2013, and it was overlapped with the said auction procedure.

① Since then, the auction procedure for Goyang Branch PP for Goyang Branch was revoked on June 13, 2014, and thereafter, on February 16, 2015, the registration of establishment of the establishment of Q in Q was revoked on the grounds of termination.

On August 25, 2016, the High Government District Court rendered a decision of permission for sale of each of the instant land in the High Government Branch P, R, and Y (Dual) P, Y(Dual).

On November 30, 2015, JJJs (U) will receive dividends from the defendant in the above voluntary auction procedure.

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