배당이의 등
1. All appeals filed by the plaintiffs are dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
The purport of the claim and appeal is the purport of the appeal.
1. Basic facts
A. On August 18, 2004, E completed each registration of transfer of ownership with respect to F forest land of 19,657 square meters in Chungcheongnam-gun, Chungcheongnam-do. On November 29, 2004, G forest land of 12,304 square meters (hereinafter the above two parcels of land added up) on November 29, 2004.
B. As to the instant land, on September 22, 2005, the registration of creation of a collateral security (hereinafter “instant collateral security”) was completed on September 22, 2005, with the maximum debt amount of KRW 200 million, the debtor E (the debtor was changed to Gap on July 22, 2008) and the establishment of a collateral security (hereinafter “instant priority security”), the establishment of a collateral security (hereinafter “instant priority security”) composed of a mortgagee-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-
C. The mortgagee of the instant right to collateral security was transferred to K on July 3, 2009.
On December 2, 2016, K, the agreement between the Defendant, and I on the transfer of the status of creditor and the instant right to collateral security (hereinafter “instant agreement”) to the Defendant under the basic contract of the instant right to collateral security (hereinafter “instant agreement”) was concluded, and on December 5, 2016, the instant agreement was transferred to the Defendant on the ground of transfer of contract on December 2, 2016.
E. On April 23, 2015, Plaintiff B completed the registration of ownership transfer with respect to 1/7 shares among the instant land, and Plaintiff B completed each registration of ownership transfer with respect to 6/7 shares among the instant land on September 21, 2015.
F. On April 5, 2016, upon the application of the H Cooperatives, which was the senior mortgagee of the instant case, the Daejeon District Court rendered a voluntary decision to commence the voluntary auction on the instant land. On the application of the Defendant, who was the mortgagee of the instant case, the decision to commence the voluntary auction was rendered on December 12, 2016, by the Seosan Branch of the Daejeon District Court.