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(영문) 창원지방법원통영지원 2014.12.04 2014가합1856

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. On January 24, 2013, the Defendant completed the registration of the right to claim ownership transfer on the ground of the purchase promise made on January 23, 2013 with respect to F forest land 11,547 square meters and G forest land 606 square meters and H forest land 6,792 square meters (hereinafter “instant real estate”).

B. On July 26, 2013, the Defendant filed an application for auction on the basis of the provisional registration of the right to claim ownership transfer on the instant real estate on July 26, 2013. On July 29, 2013, the Changwon District Court rendered a voluntary decision to commence auction on July 29, 2013.

C. On April 24, 2014, the Plaintiffs completed the registration of creation of a neighboring mortgage amounting to KRW 400,000,000 with respect to the amount of H woodland 6,792 square meters among the instant real property, the Changwon District Court (Seoul District Court Branch Branch Office 2014 other 7283). After completing the registration of creation of a neighboring mortgage amounting to KRW 400,000,00, the Plaintiffs received a claim attachment and assignment order by subrogation on the dividends of the instant D case (the amount of dividends of the instant D case).

After that, on July 1, 2014, through the Changwon District Court: (a) on distribution to creditors of KRW 2,236,604,219, which was the date of distribution of D real estate auction, the distribution schedule was prepared to distribute KRW 1,316,272,256, KRW 900,000 to the Defendant, who is the holder of the second provisional registration and the applicant for the second provisional registration, and KRW 20,31,963 to E, the owner of the land.

E. The Plaintiffs appeared on the aforementioned date of distribution, and raised an objection to the full amount of the Defendant’s dividends, and filed the instant lawsuit on July 4, 2014, which was within one week thereafter.

【Fact-finding without dispute over the ground for recognition, Gap evidence 1 through 4, Eul evidence 13, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiffs' assertion that the right to claim transfer of ownership is registered, and the defendant applied for a voluntary auction as above as a security right holder of a provisional registration based on the registration of the right to claim transfer of ownership amounting to KRW 900,000,000, but the defendant