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(영문) 수원지방법원여주지원 2015.09.17 2014가단34159
배당이의
Text

1. With respect to the case of the auction of the status of real estate A and B (Dual) with the Suwon District Court, the above court shall have jurisdiction over the case of the auction of the status of real estate.

Reasons

1. Basic facts

A. C has completed the registration of ownership transfer on September 23, 198 by reason of sale on September 22, 198 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”).

B. (1) On January 4, 2013, an monthly agricultural cooperative completed the registration of the establishment of a mortgage over the instant real estate as C on the ground of the contract to establish a contract on January 3, 2013, the maximum amount of debt is KRW 168 million, and the debtor completed the registration of the establishment of a mortgage over the instant real estate as C.

B. On January 4, 2013, 2013, the Defendant completed the registration of the establishment of a mortgage on the instant real estate by establishing a contract (hereinafter “instant mortgage contract”) on January 3, 2013, the maximum debt amount is KRW 194 million, and the debtor completed the registration of the establishment of a mortgage on the date on which he/she is no longer than a corporation.

(hereinafter “instant right to collateral security”). The Plaintiff filed an application for provisional attachment on May 23, 2013 with Seoul Western District Court 2013Kadan5027 to preserve the claim for reimbursement against C (the claim amounting to KRW 9375,00), and the said court rendered a provisional attachment order on May 23, 2013, and the provisional attachment registration was completed on May 23, 2013.

In order to preserve the right to claim the cancellation of the establishment registration of a neighboring mortgage due to the revocation of a fraudulent act, the plaintiff filed an application for provisional disposition on July 9, 2013 with Seoul Western District Court 2013Kahap716, and the above court rendered a provisional disposition order on July 9, 2013, and the provisional disposition registration was completed on July 9, 2013.

(v)the registration of provisional seizure was completed with respect to the instant real property as follows:

On April 22, 2013, April 22, 2013, 12013, the holder of the right to the grounds for registration on the receipt date of the provisional seizure order of the Seoul Central District Court (2013Kadan45261) 8,148,069 won on the credit card claim amount of 8,148,069 won on May 1, 2013, 2013, the Seoul Western District Court Order (2013Kadan4239) on the provisional seizure order of the Seoul Western District Court (2013Kadan4239) 46.65 million won on the claim amount

C. (1) The Defendant filed an application for voluntary auction on the instant real estate A with Suwon District Court in order to obtain the repayment of the instant collateral security right claim, upon which the said court filed an application for voluntary auction on the instant real estate.

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