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(영문) 청주지방법원 2018.07.18 2018나5486

배당이의

Text

1. The plaintiffs' appeal is dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. A) On March 3, 1983, I, the husband of the Plaintiff, as the husband of the Plaintiff, completed the registration of ownership transfer as to the size of 1,756 square meters before J in Yangyang-gun, Chungcheongnam-gun, Chungcheongnamyang-gun (hereinafter “J land before division”).

B) On September 23, 1995, J land before subdivision is the land listed in paragraph (3) of the attached Table No. 3 (hereinafter “instant third land”).

(A) K 1,263 square meters (hereinafter “K land”)

c) On September 23, 1995, I completed the registration of ownership transfer on the land of this case 3 and K on September 22, 1995.

2) On December 28, 1994, Plaintiff A is entitled to the land indicated in Section 4 of the Attached Table No. 4 (hereinafter “instant land”).

As to the land, each of the lands listed in paragraphs 1 and 2 of [Attachment 1] List 195 (hereinafter “instant land”) on April 8, 1995

(3) On June 17, 2015, Plaintiff B completed the registration of ownership transfer with respect to each of the instant lands (hereinafter collectively referred to as “each of the instant lands”).

B. On December 18, 1996, the Defendant: (a) lent KRW 10,00,000 to the Plaintiff at an interest rate of 25% per annum; (b) the 18th day of each month for the payment of interest; and (c) the due date on June 18, 1997; and (d) on December 27, 1996, the Plaintiff completed the registration of the establishment of a mortgage (hereinafter “the 2-mortgage”) with respect to the land in this case and the 16,00,00,000,000 won prior to the Mayang-gun, Chungcheongnam-gun, Chungcheongnamyang-gun, to secure the above loan claim from the Plaintiff (hereinafter “the 2-mortgage”).

B) On November 6, 200, the Defendant transferred the above loan claims and the right to collateral security to N, and completed the registration of the transfer of the above right to collateral security on November 9, 2000. On July 19, 2005, the Defendant acquired the above loan claims and the right to collateral security again from N and received the registration of the transfer of the above right to collateral security on July 26, 2005. (2) O on June 28, 1997.