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(영문) 광주지방법원 순천지원 2018.11.13 2017가단9460

배당이의

Text

1. It was drawn up by this Court on September 19, 2017 with respect to the Gwangju District Court Netcheon E and F real estate auction cases.

Reasons

1. Basic facts

A. On August 20, 2014, each of the Defendants’ respective registrations of the establishment of a collateral security and the Plaintiff’s provisional seizure (registration 1) loans, which were hotly leased KRW 200 million between Nonparty G and entered into a collateral security agreement with Nonparty G on August 20, 2014, and two lots and buildings (hereinafter “instant real estate”) outside 407m2 and their ground buildings (hereinafter “instant real estate”).

(2) As to the maximum debt amount of KRW 260,00,000, the registration of creation of a collateral security (No. 22549, Aug. 20, 2014) was completed with respect to the establishment of a collateral security (No. 22549, Jun. 7, 2016). Defendant B, on June 7, 2016, transferred the said collateral security through a contractual transfer and completed the registration of establishment of a collateral security (No. 13831, Jun. 8, 2016; hereinafter “registration of the first collateral security”).

(2) On January 30, 2015, I concluded a contract to establish a mortgage with J and completed the registration of the establishment of the collateral security (No. 2749, Jan. 30, 2015) with respect to the instant real estate as a maximum debt amount of KRW 200,000,000, the debtor I and the mortgagee J. On January 27, 2017, Defendant B completed the registration of the establishment of the collateral security (No. 2749, Jan. 30, 2015). On July 27, 2017, Defendant B transferred the said mortgage through a contract transfer with

On July 27, 2017, No. 18584, which was received on July 27, 2017; hereinafter referred to as the “registration of the second mortgage”).

(3) On May 26, 2015, I concluded a mortgage contract with Defendant B and completed the registration of the establishment of a neighboring mortgage (No. 14298, Jun. 1, 2015; hereinafter the “third-mortgage registration”) with respect to the instant real estate, which was made by Defendant B as the maximum debt amount of KRW 500,00,000,000, the debtor I, and Defendant B.

4. On June 9, 2015, in order to conclude a mortgage-backed contract with Defendant C and to secure it, I was registered as the fourth collateral-mortgage registration of the instant real estate on June 9, 2015, the maximum debt amount of which is KRW 700,00,000 with respect to the instant real estate, as well as No. 15130, Jun. 9, 2015.