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(영문) 대전지방법원 2018.04.19 2017나368

배당이의

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The relationship between the parties 1) The Plaintiff refers to the “instant E Apartment” owned by D, as seen earlier.

(3) The term “the instant real estate auction case” as to the real estate auction case (hereinafter “the instant real estate auction case”).

A) The Korea Exchange Savings Bank (hereinafter “EN Savings Bank”) which registered a provisional seizure before the registration of the decision on commencement of the auction at the time of the voluntary auction.

(2) The Defendant is a person to whom the proceeds from the sale of real estate was distributed as the second-class collateral security holder in the instant real estate auction case by completing the establishment registration of a neighboring mortgage on the instant apartment on the ground that the Defendant lent the money to D. The Defendant is a person to whom the proceeds from the sale of real estate was distributed as the second-class collateral security holder in the instant real estate auction case on the ground that it was jointly and severally guaranteed the obligation of C and against its wife F.

B. The Defendant’s second priority mortgage creation and transfer of management right of M&A to the Defendant regarding E apartment of this case (hereinafter “E apartment of this case”) No. 802 of Daejeon Seosung-gu E apartment No. 702 and No. 802 of Daejeon E apartment (hereinafter “instant E apartment”).

As to D on January 30, 2008, the registration of ownership transfer was completed on May 31, 2005 (see evidence No. 5, No. 1-2, No. 1-2, 2005) and on May 31, 2005 (see evidence No. 5, No. 1-3, No. 1-2), with respect to E apartment of this case owned by D, the registration of creation of a mortgage was completed on August 11, 2008 in the order of the debtor D, the maximum debt amount of debt amount of 380,000, and the second order (hereinafter referred to as "sub-type mutual savings bank") (as of January 30, 2008).

(2) On August 13, 2008, when the registration of the establishment of a neighboring mortgage was completed, the debtor F and the maximum debt amount of 420,000,000) was the joint collateral for the secured debt of the registration of the establishment of a neighboring mortgage of the above 2nd class, the above D was operated on the land of Cheongyang-gun N,O, P, Q, R, R, T, U, and R, and on the R, etc., on the land of Cheongyang-gun, the representative director of M Co., Ltd. (hereinafter “M”).