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(영문) 창원지방법원통영지원 2016.10.13 2015가단7267
배당이의
Text

1. With respect to voluntary auction cases of real estate (E (E duplicate) through the Changwon District Court, the same court shall determine on October 7, 2015;

Reasons

1. Basic facts

A. The F completed the registration of the transfer of ownership on December 7, 1987 with respect to G and H (the land of the above two parcels, hereinafter “instant real estate”) by the Changwon District Court (hereinafter “Modern Registry”) (hereinafter “Modern Registry”) No. 14180 on December 7, 1987.

B. As to the instant real estate, I completed the registration of creation of a mortgage over each of the following areas, No. 35718, Dec. 14, 2000, namely, the maximum debt amount of KRW 40,00,00, the debtor F, and the mortgagee I.

C. On February 7, 2003, J completed the registration of the creation of each of the collective security rights (hereinafter “instant collective security rights”) with respect to the instant real estate as the Doowon registry No. 5405, the maximum debt amount of KRW 50,000,000, the debtor F, and the mortgagee of the collective security (hereinafter “instant collective security rights”).

K completed the registration of ownership transfer on March 13, 2008, No. 11526, respectively, with respect to the instant real estate.

E. Defendant C, who was omitted at K, completed the provisional registration of the right to claim transfer of ownership (hereinafter “the provisional registration of this case”) on September 1, 2008, as the macro-registration office No. 40597, Sept. 1, 2008, and August 28, 2008.

F. L completed the registration of transfer of the instant right to collateral security on April 28, 2010, No. 18918, which was received on April 28, 2010, as to the instant real estate, on April 26, 2010.

G. As to the instant real estate, Defendant B completed the instant registration of transfer of the right to collateral security (hereinafter “instant registration of collateral security”) from July 7, 201 to July 5, 201, with the macro-registration office No. 34966, Jul. 7, 2011.

H. In Busan District Court Decision 2012Gahap19980, May 1, 2014, the Plaintiff, a creditor of K, was 153,44,750 won and 105,000,000 won from October 25, 2012 to November 26, 2012, 8.2% per annum for the Plaintiff, 40,000 won from August 31, 201 to November 26, 201, and 20% per annum from the next day to November 26, 2012.

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