배당이의 등 청구의 소
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The instant real estate, prior to the creation of the instant mortgage, was 4,206 square meters in size, but was divided on February 1, 2010 into 1,051 square meters in Gangnam-gu Seoul, Seoul, and the same year.
7. In other words, the area after division is divided into 1,051 square meters prior to F, and 1,053 square meters prior to G, etc. is 1,051 square meters as at present.
(2) On October 30, 2009, H purchased shares of 1,467/5,859 of the instant real estate before subdivision. The following year after subdivision is identical to May 27, 2010 after subdivision: < Amended by Act No. 10317, May 27, 2010>
8. 25. 25. 490/5,859 shares and 3,902/5,859 shares of the instant real estate were acquired in succession, thereby owning the instant real estate solely.
(H-owned real estate was divided from the instant real estate. Meanwhile, G real estate was owned solely by acquiring all the shares of the remaining co-owners, such as shares 1,957/5,859, held by H as of August 25, 2010, and H’s father B purchased the pertinent real estate from I on December 5, 2011.
2) As to the portion of 1,467/5,859 out of the instant real estate, prior to the partition on January 7, 2010, the Plaintiff is entitled to the right to collateral security (hereinafter “first priority right”) holding the debtor H and the maximum debt amount at KRW 377,00,000,000.
(1) After the Plaintiff’s establishment of a new mortgage on each of the instant partitioned real estates was established. After the division of E, F, and G real estate, the establishment of a new mortgage on the said shares was additionally stated in the registry of each of the instant partitioned real estate. However, as the Plaintiff partially renounced the right to collateral security on February 22, 2011, the right to collateral security on each of the instant partitioned real estate was revoked. As such, the first priority mortgage on each of the instant partitioned real estate only existed with respect to only the share out of the instant real estate. The Plaintiff divided the instant real estate on February 18, 201, with respect to the debtor H and maximum debt amount of KRW 208,000,000 (hereinafter referred to as “mortgage 2”).