공매대금배분처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff, including the part resulting from the supplementary participation.
1. Details of the disposition;
A. On April 29, 195, the Intervenor’s Intervenor’s Intervenor’s Intervenor’s Intervenor’s Intervenor (hereinafter “ Intervenor”) (hereinafter “L”) lent the repayment period of KRW 150 million to L Co., Ltd. (hereinafter “L”) on April 29, 1995, and M jointly and severally guaranteed L’s loan obligations.
(2) On April 29, 1995, M completed the registration of creation of a neighboring mortgage with M jointly and severally liable and L with respect to each real estate share, etc. indicated in the separate sheet (hereinafter “each real estate of this case”) owned by M on April 29, 1995 by the intervenors, which is the M.
B. The deceased M was killed on March 28, 2001, and the ownership transfer registration for each of the instant real estate was completed on January 16, 2015 in the name of N,O, P, Q, R, S, and T (hereinafter “N, etc.”) as co-inheritors of the deceased M (hereinafter “the deceased”).
C. (1) The provisional attachment (1) of the Plaintiff et al. and U, V, W, X (hereinafter collectively referred to as “Plaintiff et al.”) and Y are co-inheritorss of the Z that died on April 9, 1982.
(2) From 1956 to 1962, the Plaintiff et al. filed an application for provisional seizure of the real estate amounting to KRW 308,863,80, U.S. 463,295,700, V308,863,800, W25,738,650, W25, X25,738,738,738,650, and X25,738,658,650, with respect to each of the instant real estate as preserved claims against N et al., by asserting that it is impossible for the deceased to return the real estate itself by means of disposal such as establishing collateral security, etc.
On January 8, 2015, this Court rendered a ruling of provisional seizure and rendered a decision of partial correction on January 20, 2015, and accordingly the registration of provisional seizure was completed on January 26, 2015.
(3) The Plaintiff’s unjust enrichment return claim (the Plaintiff’s subrogation) held by N, etc. as the heir of the Y network.