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(영문) 서울북부지방법원 2018.09.11 2017나40656
배당이의
Text

1. Revocation of a judgment of the first instance;

2. As to the voluntary auction of real estate B and C (Dual) in Seoul Northern District Court

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the statements in Gap evidence Nos. 2, 3, 7, 14, 17 and 22, evidence No. 4-1, 2, and evidence No. 5-1 and the purport of the whole pleadings.

The defendant and E are each related to each other, and D is the defendant's early as the children of E.

B. D completed the registration of ownership transfer on April 30, 2009 with respect to F apartment Nos. 920, 1412 (hereinafter “instant apartment”) in Seoul Special Metropolitan City, Nowon-gu on March 18, 2009.

C. D Concerning the instant apartment, the registration of creation of a neighboring mortgage, which was ① KRW 112,80,000,000,000 for the maximum debt amount on January 8, 2016, the debtor D, the NongHyup Bank Co., Ltd. (hereinafter “CF”), was completed on January 12, 2016, and ② the registration of establishment of a neighboring mortgage, which was an obligor Co., Ltd., the obligor CF, and an advanced debtor Co., Ltd., the right to collateral security, respectively, was completed in the future of the said mortgagee.

On October 14, 2016, the Plaintiff filed an application for provisional seizure of real estate with the debtor as "2521, the debtor D, claim and amount of the instant apartment as "204,00,000 won under the credit guarantee agreement dated April 25, 2014," and this court accepted the above application on October 20, 2016, and completed the provisional seizure registration on the instant apartment on the same day. The advanced company applied for voluntary auction on November 17, 2016 with the court as to the instant apartment on the issuance of the decision to commence voluntary auction on November 18, 2016 (the Nonghyup Bank issued the lease agreement on November 18, 2017). The Defendant was issued the auction order on June 16, 2017 (the above auction order on June 20, 2017).

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