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(영문) 수원지방법원평택지원 2015.12.16 2014가합10108
추심금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The following facts may be found either in dispute between the parties or in combination with the whole purport of the pleadings in each entry in Gap evidence 1-1-4, Gap evidence 2-1-2, Eul evidence 16:

On October 25, 2012, G and H completed the registration of the establishment of a neighboring mortgage under the name of the Defendant and the distribution of dividends to the Defendant (hereinafter “instant real estate”) with respect to the Defendant of Pyeongtaek-si 105,025 square meters of forest land (hereinafter “instant real estate”) in which he/she shares one-half shares, Suwon District Court (the maximum debt amount is KRW 2,820,000,000, the debtor was the debtor, G and H and the mortgagee, and the right to collateral security (hereinafter “mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-backed

B. On June 11, 2014, the Defendant purchased the instant real estate at the Suwon District Court J, K (Joint) real estate auction case (hereinafter “instant auction procedure”) in progress with respect to the instant real estate, and received dividends of KRW 1,692,237,941 as the applicant creditor and the collateral security creditor of the instant case in the order of 5th priority on the date of distribution progress on June 11, 2014.

B. (i) On August 28, 2014, a notary public, who is a member L [Insan-si M] (Insan-si, Insan-si, in the road name address M] 105 of N building, prepared a notarial deed with the following contents from the law clerk at the law firm level:

Now, Plaintiff A G 72,00,000,000 interest notarial deed (original loan) due for the loan to the debtor of the right on August 28, 2014, Nos. 537 of the year 2014, Plaintiff B G 91,000,000, August 4, 2014, 2014, Plaintiff B G 91,000,000 on August 4, 2014, Plaintiff C G 271,000,000, KRW 338 of the year 2014, KRW 271,000,000,000 on August 28, 2014, the Plaintiffs were able to receive an authentic copy of the notarial deed of KRW 539,539, G 271,00,000 on April 28, 2014, respectively, pursuant to the Housing Site Act.

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