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(영문) 청주지방법원제천지원 2016.11.16 2015가단3569

배당이의

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. Q acquired ownership of 4,528 square meters (hereinafter “instant real estate”) prior to the Ranyang-gun, Chungcheongnamyang-gun on December 18, 2001.

B. Q died on December 27, 2013 (hereinafter “the deceased”). At the time of death, Defendant A (the 3/136 shares in inheritance), Defendant B, C, D, E, F, G, H (the 2/136 shares in inheritance: each 2/136 shares in inheritance), I, J, K, L, M (the 7/136 shares in inheritance), N, and P (the 7/136 shares in inheritance) who were the wife.

C. On May 9, 2014, at the request of the Nonghyup Bank Co., Ltd. (hereinafter “CF”), which is the mortgagee of the instant real estate, rendered a decision to voluntarily commence the auction of the instant real estate was rendered on May 9, 2014, and on May 12, 2014, the registration of voluntary decision to commence the auction was completed.

(hereinafter “instant auction”). D.

After that, the mortgagee of the instant real estate was changed to a limited liability company specializing in the securitization of B&A (hereinafter “B”), and on September 18, 2014, the Defendants, the inheritor of Q Q, and P, subrogationing for auction to enforce the right to collateral security. As to the instant real estate, the Defendants and P completed the registration of ownership transfer for each inheritance share on the grounds of inheritance on December 27, 2013 in the name of the Defendants and P.

E. On March 25, 2014, Defendant I, J, K, L, M, and N renounced Branch of Suwon District Court 2014Mo452, Defendant A, B, C, D, E, F, G, and H renounced renounced the inheritance of the deceased’s property on March 27, 2014, respectively, under the same court 2014Mo471, and P accepted the inheritance of the deceased’s property on March 25, 2014.

F. On December 11, 2014, the Plaintiff filed for a provisional attachment registration of KRW 16,878,792 with respect to the claim amounting to 7/136 shares in the name of P out of the instant real estate.

G. The Plaintiff filed a lawsuit against P as the Suwon District Court Branch Branch 2014Gaso60549, and the said court on April 7, 2015, “P” was either KRW 16,878,792 and KRW 16,878,792 within the scope of property inherited from net Q from the Plaintiff.