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(영문) 서울고등법원 2016.12.14 2016나2032542

배당이의

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. (i) The execution of a sales contract between E and C was completed on March 30, 2007 with respect to the real estate listed in paragraph (1) of the [Attachment List] on March 30, 2007, respectively on February 13, 2008, and on February 2, 2008.

Between F and F who represented on April 208, 2008, the Luxembourg concluded a sales contract with F to sell each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) to C in the amount of KRW 230 million, while receiving KRW 90 million out of the purchase price from C, and completed the registration of ownership transfer with respect to each of the instant real estate on April 22, 2008.

B. (i) On April 22, 2008, D entered into a mortgage agreement with Korea Mutual Savings Bank (hereinafter “Korea Mutual Savings Bank”) with a view to securing all obligations owed by D to the Non-Party bank, with respect to each of the instant real estate owned by D in the name of the non-party bank (hereinafter “the instant mortgage agreement”). As to each of the instant real estate owned by D, the non-party bank entered into a mortgage agreement (hereinafter “the instant mortgage agreement”) with the purport to register the establishment of a neighboring mortgage amount of KRW 650,00,000 under the name of the non-party bank. The “the person who created the collateral security agreement” is signed and sealed by C.

B. On April 22, 2008, on each of the instant real estates, the establishment registration of a mortgage (hereinafter “the establishment registration of a mortgage of this case”) was completed by the debtor D, the maximum debt amount of 650,000,000 won, and the establishment of a mortgage (hereinafter “the establishment registration of a mortgage of this case”).

On September 30, 2009, a contract for the alteration of the right to collateral security was prepared between C, D, Non-Party Bank, and Guro Global Co., Ltd. (hereinafter referred to as “Ropro Global”). On August 9, 2011, C prepared a “self-certification of the person liable for registration” for the alteration of the right to collateral security and August 9, 201. < Amended by Act No. 11010, Aug. 2, 201>