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(영문) 창원지방법원진주지원 2016.10.26 2015가합512

배당이의

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On November 6, 2009, the Plaintiff loaned KRW 201,50,000 to E with interest rate of KRW 2% per month, and on December 31, 2009, respectively, and D, his/her father, was jointly and severally liable for the above loan obligations against the Plaintiff on the same day.

B. In order to secure the above loan claims on November 11, 2009, E completed on November 11, 2009, the registration of creation of a mortgage on each of the real estate listed in [Attachment] Nos. 1 and 25089 on November 11, 2009 by the Changwon District Court, Scheon Registry, 25089, and E and its wife on November 9, 2009 as joint collateral of each of the above real estate listed in [Attachment] Nos. 4 and 5434 of the [Attachment] as of November 9, 2009, the registration of creation of a mortgage on each of the real estate indicated in [Attachment] No. 55434, 240,000 won as the debtor E, respectively.

C. On May 8, 2012, upon E’s request, the Plaintiff cancelled the registration of creation of a neighboring mortgage on each real estate listed in Articles 4 and 5 of the Attached List as the receipt by the court No. 21872 on May 8, 2012. However, on the real estate stated in paragraph (1) of the Attached List, the Plaintiff completed the registration of establishment transfer under the name of Changwon District Court No. 17726 on June 29, 2012, the registration of ownership transfer was completed on July 16, 2013 with respect to the real estate listed in paragraph (3) of the Attached List No. 18495 on July 16, 2013.

On September 30, 2014, H was awarded a successful bid for each of the real estates listed in the separate sheet Nos. 1 and 2 in the I’s voluntary auction procedure. On September 30, 2014, H entered into a mortgage contract with the Defendant on each of the real estates listed in the separate sheet Nos. 1 and 2. On September 30, 2014, D entered into a mortgage contract with the Defendant on September 30, 2014, with the Defendant on each of the real estates listed in the separate sheet No. 3 as indicated in the separate sheet No. 3, which received on September 30, 2014 from the original district court, the original district court, private registry, and registry, and the maximum debt amount of debt amount of KRW 500,00,000,000, and the debtor’s neighboring mortgage contract and the mortgage contract.