logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원경주지원 2015.01.13 2014가단11706
배당이의
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. Nonparty H shared 2591/6479 shares, and Plaintiff A, Nonparty I, and J shared 1296/6479 shares, respectively.

B. On April 2, 2007, H offered 2591/6479 shares out of the instant land owned by the external agricultural cooperative as collateral in order to secure its loan obligations. The Plaintiff, Nonparty I, and J also offered 1296/6479 shares out of the instant land as collateral for H’s loan obligations. Accordingly, on April 3, 2007 regarding the entire land of this case, the establishment registration of a mortgage was completed on April 2, 2007, with the obligor HH, the collateral security holder, the external agricultural cooperative, the maximum debt amount of 320,000,000 won, and thereafter, H completed the establishment registration of a mortgage as to his share in the instant land as KRW 2591/679 of the instant land in order to secure his/her debt against K on January 21, 2008.

On the other hand, the aforementioned right to collateral security was transferred in the name of Hodong lending Co., Ltd. on December 11, 2012, and on the same day, the registration for the establishment of the right to collateral security under the name of Lee Dong-dong lending Co., Ltd. was completed with the amount of claims KRW 70,000,000.

3) On February 20, 2009, J completed the registration of provisional seizure of KRW 30,00,000 of the claimed amount under the Seoul Central District Court Decision 2009Kadan8963 on August 3, 201, with respect to the share of KRW 1296/6479 among the instant land, the debtor J, mortgagee C, the maximum debt amount of KRW 80,000,000. Defendant D, the creditor of J, completed the registration of provisional seizure of KRW 30,000 of the claimed amount under the Seoul Central District Court Decision 209Kadan8963 on August 3, 201, with respect to the share of KRW 1296/6479 of the instant land as the debtor I and the mortgagee of Nonparty M on May 3, 201 with respect to each of his share of KRW 1296/6479 of the instant land as the maximum debt amount of KRW 88,400,000.

arrow