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(영문) 서울북부지방법원 2018.07.05 2016가합25557

배당이의

Text

1. Of the Plaintiff’s lawsuit, the Defendants’ dividends on each real estate listed in the separate sheet Nos. 9 through 11 are deleted.

Reasons

1. Basic facts

A. On November 14, 2013, the Plaintiff A registered the establishment of neighboring real estate and the provisional seizure of the parties (1) each of the real estate listed in the separate sheet Nos. 1 through 8, 12, and 18 in the separate sheet (hereinafter referred to as “each of the instant real estate”) shall be deemed as the “each of the instant real estate,” and the individual real estate shall be deemed as the “third real estate,” respectively,

After November 12, 2013, the establishment registration of a mortgage contract was completed on the ground of a maximum debt amount of 144,140,000 won, and the debtor H’s joint collateral creation registration was completed on the ground of a debtor’s joint collateral creation contract. (2) After the Plaintiff B filed an application for provisional attachment with the Incheon District Court for provisional attachment on the real estate owned by H Nos. 1, 2, 13, 15, 16 of the Incheon District Court No. 2014Kadan549, as the preserved claim for the claim for the return of the loan amount of 50,000,000 won against H, and accordingly, the provisional attachment registration was completed on the same day.

3) Meanwhile, as to each of the instant real estate on January 7, 2013, Defendant C completed the joint establishment registration of mortgage (hereinafter the aforementioned collateral security) by reason of the mortgage contract concluded on December 26, 2012, the maximum debt amount of KRW 150,000,000, and the debtor H’s joint establishment registration of mortgage (hereinafter the aforementioned collateral security is referred to as “first collateral security”) and each of the aforesaid collateral security is abbreviationd as “the creation registration of the first collateral security”, respectively.

(4) On March 15, 2013, Defendant D and E completed the registration of joint establishment of a mortgage (hereinafter “mortgage”) with respect to each of the instant real property on March 15, 2013, the maximum debt amount of KRW 150,000,000, and the debtor H’s joint establishment of a mortgage (hereinafter “mortgage”).

(B) The aforementioned right to collateral security is deemed as “the second right to collateral security”; the said right to collateral security is deemed as “the establishment registration of the second right to collateral security”; each of the Defendants’ respective right to collateral security; and each of the Defendants’ respective right to collateral security is collectively referred to as “the establishment registration of each of the instant rights to collateral security”; and (3) the said right to collateral security is subject to the reduction

The plaintiff A 1 on June 1, 2015 proceeding with the voluntary auction procedure

(a) With respect to the immovables 1 to 8, 12 to 18 on the basis of the right to collateral security as described in paragraph (1), this Court G G.