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(영문) 부산지방법원 2015.12.09 2015가합376
배당이의
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. Transfer of business right, etc. regarding G apartment 1) H Co., Ltd. (hereinafter “H”).

Around June 191, 191, G apartment (hereinafter referred to as “instant apartment”) is located on the first ground of the Busan Blue-gu G apartment (hereinafter referred to as “instant apartment”).

(1) On February 16, 192, when implementing a new construction project, the construction project was discontinued while the construction was suspended due to financial standing on February 16, 1992, and the J Co., Ltd. (hereinafter “J”) on June 2, 2001.

(2) Around August 2004, J transferred all of the instant apartment, its site, and project implementation rights to K Co., Ltd. (hereinafter “K”), and K transferred the instant apartment and project implementation rights to K Co., Ltd. (hereinafter “L”) on January 28, 2013.

B. On November 20, 2009, the registration of ownership transfer was completed on March 15, 2013, 105, 305, 308, 207, 208, 405, 505, 603, 109, 804, 205, 502, 506, and 14 households (hereinafter “14 households, such as 105, etc.”) from among the instant apartment units on March 13, 2013.

3) With respect to Defendant D and E on March 15, 2013, 14 households, including 105 units of 105 units, the Plaintiff registered the creation of a neighboring mortgage with a maximum debt amount of KRW 480 million (hereinafter “the creation of a neighboring mortgage of this case”).

C) At the request of Defendant D and E, who was the mortgagee of a right to collateral security and the Plaintiff’s statement of objection to the distribution, the said court had taken the procedure of auction of real estate for 105, 305, 308, 207, 208, 405, 505, and 603 among 14 households, including 105 and 105, and on the date of distribution opened on January 6, 2015, the said court held 505 (hereinafter “instant 505”) among 14 households, including 105, etc.

(B) No. 405 of the 14 households, including No. 40 million won and No. 105 (hereinafter referred to as “No. 405”), among the 14 households, who demanded a distribution by the lessee.

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