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(영문) 청주지방법원 제천지원 2018.01.10 2016가단21748

배당이의

Text

1. Of the plaintiffs' lawsuits against Defendant F, E, and D, the amount of each dividend against Defendant F, E, and D exceeds KRW 8,118,925.

Reasons

1. Basic facts

A. I is the husband of the Plaintiff A.

I completed the registration of ownership transfer on March 3, 1983 with respect to 1,756 square meters (hereinafter referred to as “J land before division”) before JJ in Chungcheongnam-gun, Chungcheongnam-do.

B. On December 28, 1994, Plaintiff A completed the registration of ownership transfer with respect to the land listed in paragraph (4) of the Attached List No. 4 (hereinafter “instant land”). On April 8, 1995, Plaintiff A completed the registration of ownership transfer with respect to the land listed in the Attached List No. 1 and 2 (hereinafter “instant land No. 1 and 2”).

C. Around May 8, 1994, H lent KRW 30,000,00 to the Plaintiff.

(2) On July 13, 1995, H completed the registration of creation of a neighboring mortgage against the land No. 4 of this case from the Plaintiff, the maximum debt amount of which is KRW 40,000,000, and the debtor A, in order to secure the loan No. 1 of this case.

(hereinafter “instant 1-mortgage”). D.

On September 23, 1995, J land before subdivision was divided into 493 square meters (the land indicated in paragraph (3) of the attached Table; hereinafter referred to as “third land of this case”) and 1,263 square meters (hereinafter referred to as “K land”) in Chungcheongnam-do, Chungcheongnam-gun, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do.

I completed the registration of ownership transfer on September 22, 1995 to L on September 23, 1995 on the third land and K land of this case.

E. On December 18, 1996, Defendant C lent KRW 10,00,00 to Plaintiff A at an interest rate of 25% per annum, 18% per month of the date of payment of interest, and the due date on June 18, 1997 (hereinafter “loan 2”), and on December 27, 1996, Defendant C completed the registration of the establishment of a neighboring mortgage (hereinafter “instant mortgage 2”) with Defendant C with respect to the instant maximum debt amount of KRW 16,00,00,000 for the instant land and the 978 square meters prior to the M in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and Chungcheongnam-do (hereinafter “M land”). < Amended by Act No. 5196, Dec. 18, 1996; Act No. 5090, Dec. 27, 1996>

On November 6, 200, Defendant C transferred the above loans and the right to collateral security to N, and registered the transfer of the above right to collateral security on November 9, 200.