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(영문) 수원지방법원성남지원 2015.03.31 2014가합4985

배당이의

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. D, E, F, and Plaintiff A (hereinafter “D”) purchased each of the real estate listed in the separate real estate list (hereinafter “each of the instant real estate”) from the Defendant and received a total of KRW 2.1 billion from the Defendant in the name of D, G, and paid the balance to each seller.

B. On February 17, 2010, D, etc. registered the establishment of the debtor D, the maximum debt amount of 21 billion won, the Defendant’s right to collateral security (hereinafter “instant right to collateral security”) with respect to each of the instant real estate on February 17, 2010, and on February 28, 2011, registered the establishment of the mortgage on each of the instant real estate by the debtor G, the maximum debt amount of 520 million won, and the Defendant’s right to collateral security (hereinafter “right to collateral security”).

C. On February 28, 2011, E completed the registration of ownership transfer for each real estate listed in paragraphs 1, 3, and 4 of the annexed list of real estate on January 3, 201; F and Plaintiff A made each registration of ownership transfer for each real estate listed in paragraphs 2 and 6 of the annexed list of real estate on February 28, 201; and D made each registration of ownership transfer for each real estate listed in paragraphs 5 and 7 of the annexed list of real estate on February 28, 2011 for each transaction on January 3, 201.

D et al. requested the Defendant to separate the instant right to collateral security concerning each of the instant real estate so that the said loan can be repaid by separately selling the real estate.

On December 21, 2012, the Defendant agreed to secure loans of KRW 800 million with the remainder of real estate except for the real estate listed in the attached list Nos. 1, 3, and 4 of the real estate owned by E from the secured real estate of the instant collateral security.

In addition, on December 21, 2012, the Defendant registered the establishment of a mortgage on the said real estate owned by E, E, the maximum debt amount of KRW 1.755 billion, and the mortgagee’s establishment of a mortgage on the said real estate.

E. The Defendant’s loan interest rate of KRW 800 million was overdue.