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(영문) 광주고등법원(전주) 2016.09.01 2016나10112

배당이의

Text

1. Of the judgment of the court of first instance, the part against the plaintiffs that corrected the distribution schedule below shall be revoked.

Reasons

1. Basic facts

A. F concluded a mortgage agreement with the Plaintiffs on April 17, 2013 regarding the real estate listed in the separate sheet (hereinafter “the instant real estate”). F concluded a mortgage agreement with the Plaintiffs, which is the maximum debt amount of KRW 1,300,000,000,000, and the obligor F and the Plaintiffs, and completed the registration of establishment of a mortgage on the same day. On April 17, 2013, F concluded a mortgage agreement with the obligor and the mortgagee with the same content as above, and completed the registration of establishment of a mortgage on April 18, 2013.

(hereinafter referred to as the above, each of the above collateral security rights is referred to as the “first collateral security”). B.

On April 23, 2013, F entered into a trade reservation with regard to the instant real estate (hereinafter “instant trade reservation”) with the Plaintiffs as follows, and completed the provisional registration of the right to claim ownership transfer (hereinafter “the instant provisional registration”) on April 25, 2013 to the Plaintiffs.

Article 1(F) of the Preliminary Agreement stipulates that the plaintiffs shall sell the real estate of this case at KRW 1,600,000,000 in the price, and the plaintiffs shall accept it.

Article 2. The date of the completion of the sale and purchase agreement shall be October 22, 2013, and the sale and purchase agreement shall be deemed to have been completed as a matter of course without the plaintiffs' declaration of intention to complete the sale and purchase.

When the sale and purchase is completed pursuant to Article 3(2), a sales contract for the real estate of this case between the plaintiffs and F is established, and F shall receive the price under Article 1 from the plaintiffs and at the same time implement and deliver the procedure for the registration of transfer of ownership for the real estate of this case to the plaintiffs.

Article 4 The plaintiffs shall pay F 160,000,000 won on the date of the reservation to F as the deposit money of this reservation, and the above amount shall be deducted from the price under Article 1.

Article 5 F shall, at the same time as this reservation is concluded, make provisional registration of the right to claim transfer of ownership against the plaintiffs on the real estate in this case by means of trade reservation.