공매대금배분처분취소
1. Revocation of the first instance judgment.
2. As to each real estate share stated in the separate sheet on September 9, 2015 by the Defendant.
1. Details of the disposition;
A. The Intervenor’s Intervenor’s Intervenor’s Intervenor’s Intervenor’s 1) (the trade name at the time of the Defendant’s Intervenor’s Intervenor’s Intervenor’s 1 was changed to the trade name as of November 11, 2010.
hereinafter referred to as "participating"
L Co., Ltd. (hereinafter referred to as “L”) on April 29, 1995
The repayment period was set on April 29, 1996, and M lent KRW 150 million to the intervenors, and on April 29, 1995, M jointly and severally guaranteed L’s loan obligations. 2) On April 29, 1995, M completed the registration of creation of a mortgage with the Intervenor regarding the share of each real estate listed in the separate list of M holder’s M (hereinafter “each real estate of this case”) on the part of the intervenors on April 29, 1995.
B. The deceased M was killed on March 28, 2001, and the ownership transfer registration for each of the instant real estate was completed on January 16, 2015 in the name of N,O, P, Q, R, S, and T (hereinafter “N, etc.”) as co-inheritors of the deceased M (hereinafter “the deceased”).
C. The provisional attachment and principal lawsuit by the Plaintiff et al. 1) The Plaintiff and U, V, W, X (hereinafter collectively referred to as “Plaintiff et al.”).
(2) On April 9, 1982, the Plaintiff et al. and Y filed an application for provisional seizure of real estate with respect to each of the instant real estate with the Busan District Court 2014Kahap1704, on the ground that, from 1956 to 1962, the Plaintiff et al. title trust the deceased with respect to each of the instant real estate, etc., and it is impossible for the deceased to return the real estate itself due to the deceased’s act of disposal, such as creation of collateral security, etc., and the deceased’s heir, the claim amounting to the amount of the claim for return of unjust enrichment equivalent to the value of the real estate held by N et al., the heir of the deceased was KRW 308,863,800, U. 463,295,700, V308,863,800, W25,738,650, X25,738,650.
Busan District Court rendered a provisional attachment ruling on January 8, 2015 and rendered a partial decision on January 20, 2015, and accordingly, issued a decision on January 26, 2015. < Amended by Act No. 13083, Jan. 26, 2015>