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(영문) 서울중앙지방법원 2015.11.04 2015가합15103
배당이의
Text

1. The plaintiff's claim against the defendants is dismissed.

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

Reasons

The summary of the instant case is that the Plaintiff, the owner of an auction real estate, seeks revision of the distribution schedule, stating that the Defendants’ dividend amount was deleted and added to the remaining amount after the distribution, on the grounds that the Defendants received dividends based on the invalid collateral security right.

On the premise of fact, regarding the registration of creation of mortgage (101, 102, 103, 201, 202, 203, 203, 201, 203, 204, 301, 302, 304, 400, and 500 on the first ground of Seocho-gu Seoul Metropolitan Government, which was owned by the network H (hereinafter referred to as “the network”), the registration of creation of mortgage (1 billion won) with the Seoul Central District Court No. 30364 on June 18, 2010, and (2) with the Seoul Central District Court No. 36556 on July 22, 2010, part of the right to collateral security (20 million won) was completed.

On February 2, 2012, the deceased died and succeeded to the above real estate by the wife J and his children.

The above-mentioned creditors' 1 M 201 tenant (registration of housing lease) 25,00,00 N 302 tenant 20,000 O-mortgage 276,400,600 P 20,000 tenant (date of confirmation), 70,000 tenant No. 30,000, Q 301 tenant (date of confirmation), 480,000,000 20, Q 30630,000, 200, 2000, 200, 205, 3020,000 (registration of housing lease), 20,000,000,000 20,000,000 20,000,000,000,000 20,000,000,000,000,0000,000,03636,05,03636,05,

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