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(영문) 춘천지방법원속초지원 2017.11.23 2017가합30186
배당이의
Text

1. As to the case of application for a voluntary auction of D real estate in the Seocho District Court, the said court prepared on April 24, 2017.

Reasons

1. Basic facts

A. On July 11, 2014, E completed the registration of the right to claim ownership transfer on each of the real estate listed in the separate sheet owned by E (hereinafter collectively referred to as “instant real estate”).

B. On May 27, 2015, E sold the instant real estate to F, and completed the registration of ownership transfer on June 30, 2015, and on the same day, Defendant A cancelled the registration of his right to claim ownership transfer on the said real estate.

C. After that, on June 30, 2015, F completed the registration of creation of a neighboring mortgage with the maximum debt amount of KRW 1.296 billion in the National Bank in the future. D.

As to the instant real estate, on July 7, 2015, the provisional registration of Defendant A’s right to claim ownership transfer (hereinafter “provisional registration of this case”) was completed on May 18, 2016, with the debtor G and the maximum debt amount of the Plaintiff as KRW 600 million. Meanwhile, on May 12, 2016, the provisional registration of C’s provisional attachment was completed with respect to the instant real estate as indicated in the attached list Nos. 1, 2, and 6 of the instant real estate as indicated in the Cheongju District Court Assistance 2016Kadan464, the claim amount of KRW 100 million.

E. On June 14, 2016, at the request of the National Bank, which was the right to collateral security, the voluntary auction procedure was commenced as to the instant real estate, around 14, 2016. On April 24, 2017, the said court first distributed part of the amount to be distributed on the date of distribution to the transferee, etc. of the National Bank, which was first distributed to Defendant A, who was the right to collateral security registration, at the third priority, KRW 227,473,972, and KRW 10,000,000 to Defendant B, who was the right to collateral security registration, the right to collateral security registration, and KRW 77,451,198 out of the remaining 79,098,587 won, which was the right to collateral security, distributed to the Plaintiff, the right to collateral security, the remaining 1,647,389

F. The Plaintiff appeared on the aforementioned date of distribution, and raised an objection to the entire dividend amount of the Defendants, and filed the instant lawsuit on April 26, 2017, which was within seven days thereafter.

【Ground of recognition】 dispute.

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