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(영문) 의정부지방법원 고양지원 2018.11.09 2018가합72966
배당이의
Text

1. On May 25, 2018, the above courts with respect to the Goyang Branch C and D (Consolidated) auction cases of real estate.

Reasons

1. Basic facts

A. (1) On June 11, 2015, the Plaintiff and the Defendant completed the registration of the establishment of a neighboring forest with the maximum debt amount of KRW 1.8 billion against the Defendant and the Defendant as the owner of each of the 1/2 equity shares in the land indicated in paragraph (8) of the attached Table of Real Estate List (hereinafter “instant road”) in Yongsan-gu, Seoyang-gu, Busan-si and the Defendant as the owner of each of the land indicated in paragraph (8) of the attached Table of Real Estate List of the said portion.

(2) On July 9, 2015, the registration of change of the right to collateral security was completed with the content of changing the debtor from the defendant to the plaintiff and the maximum debt amount from KRW 1.86,00,000 on the ground of acquisition of the contract on July 9, 2015.

B. On June 18, 2015, with respect to the Plaintiff’s share of the Plaintiff’s 1/2 out of the said E forest, the Plaintiff completed the establishment registration near the Plaintiff’s and the maximum debt amount of KRW 385,000,000.

(hereinafter the above right to collateral security is referred to as the “second right to collateral security”).

On April 11, 2016, the said E Forest was subject to registration conversion into “F forest land 5,084 square meters in Yongsan-gu, Yongsan-gu, Incheon-do,” and thereafter, on April 18, 2016 due to the division, the forest land of 2,575 square meters among the said land was transferred to “G”, forest land of 138 square meters, “H”, and forest land of 66 square meters in May 25, 2016, respectively.

After the division, the “F forest land 2,305 square meters” was changed to the site on June 16, 2016, while the “G forest 2,575 square meters” was changed to the site on June 21, 2016.

(See Attached Table 1, 3, 6, and 7 of the List of Real Estate; hereinafter collectively referred to as “the land”). D.

On June 15, 2016, the Plaintiff completed the provisional registration of the right to claim ownership transfer registration (hereinafter “provisional registration of this case”) on June 14, 2016 with respect to each of the respective shares of the Plaintiff 1/2 among the instant land and the instant roads to the Defendant on June 15, 2016.

E. The Plaintiff and the Defendant newly constructed each of the buildings listed in [Attachment 2, 4, and 5] on the instant land (hereinafter collectively referred to as “instant building”) and thereafter, on July 21, 2016.

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