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(영문) 광주고등법원 2015.03.27 2014나2012
배당이의
Text

1. The plaintiffs' appeal is dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. Each real estate listed in the separate sheet Nos. 2 through 9 was owned by E Co., Ltd. (hereinafter referred to as “E”, and the name of the stock company was omitted for other corporations) and sold to F through the procedure of the auction for the real estate rent D (hereinafter referred to as “instant voluntary auction”). As to the real estate of the Plaintiff Nos. 2 through 5, the Plaintiff Co., Ltd. was the mortgagee of each mortgage on the real estate of the Plaintiff Co., Ltd., and the Defendant was the senior mortgagee of each of the above real estate.

B. The details of the specific relationship of rights as to each real estate listed in the separate sheet (referring only to the first real estate, the second real estate, etc. according to the order in the list) are as follows, and the details are as follows:

On June 27, 2012, the voluntary auction procedure of this case, which was commenced in order of priority in ownership of real estate, is currently order of collateral security.

On September 24, 2008, G changed from September 24, 2008 to H in the first second second second second second second order.

On November 5, 2007, the Industrial Bank of Korea registered on November 7, 2007, on March 1, 2012, registered the creation of a mortgage of KRW 3,000,000 for the debtor H, the maximum debt amount, KRW 3,00,000,00 with respect to the real estate on March 7, 201, but gave up some of the real estate on February 1, 2013, which is part of the joint mortgaged property.

In addition, on June 13, 2013, the Industrial Bank of Korea completed the registration of establishment of the right to collateral security of the debtor H, the maximum debt amount of KRW 3,000,000.

No. 2.-5. EF on June 4, 2013, Defendant A, Defendant B, Defendant B, and Defendant B, Defendant B, Defendant B, on July 7, 2013, acquired the real estate from March 22, 2007 through Defendant B, and Defendant B, on March 17, 2008.

The foreign exchange bank shall set a collateral of KRW 650,00,000 with respect to the immovable property Nos. 1 through 8 of March 22, 2007, and additionally set a collateral of KRW 650,000 with respect to the said immovable property on July 1, 2008, in addition to the said collateral security, KRW 650,000 with respect to the said immovable property.

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