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(영문) 서울고등법원 2017.06.16 2015나31195
배당이의
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On July 10, 1997, E’s registration of creation of a neighboring mortgage was completed with respect to each of the real estates indicated in the separate sheet owned by E (hereinafter “each of the instant real estates”) on July 10, 1997, on the ground of the contract establishing a contract dated July 9, 1997, with the maximum debt amount of KRW 300,000,000.

(hereinafter referred to as "the establishment registration of the neighboring mortgage of this case". (b)

F’s provisional attachment and acquisition of the Plaintiff’s execution clause 1) F obtained a provisional attachment order of KRW 300,000 on July 27, 1998 by Seoul District Court 198Kadan157761 (Seoul District Court Decision 198Kadan15761 (hereinafter “instant provisional attachment”). The F completed the provisional attachment registration on July 27, 1998 (hereinafter “instant provisional attachment”).

2) On April 2, 2001, F filed a suit for the claim for the acquisition amount under the Seoul Central District Court 2001Kahap21743 against D, etc.

On January 18, 2002, the above court rendered a ruling that "D et al. shall jointly and severally pay F 1,000,000,000 won with 5% per annum from July 31, 1997 to May 2, 2001; and 25% per annum from the following day to the date of full payment."

D An appeal to the above judgment was filed by the court 2002Na26636, but the court dismissed the appeal on January 30, 2004. The appeal was filed on July 22, 2004, but the above judgment became final and conclusive upon receiving a judgment dismissing the appeal.

3) On December 3, 2007, the Plaintiff was granted the succeeding execution clause regarding the above judgment. C. G completed the additional registration of the transfer of the right to collateral security on January 14, 2008, based on the registration of establishment of the right to collateral security on January 14, 2008, with respect to the registration of establishment of the right to collateral security on January 11, 2008.

2) On February 26, 2009, H was completed the additional registration of the right to collateral security transfer on the ground of the transfer of confirmed claim on February 25, 2009 with respect to the registration of the establishment of the instant neighboring mortgage. 3) The Defendant completed the additional registration of the right to collateral security transfer on February 16, 201 with respect to the registration of the establishment of the instant neighboring mortgage transfer on the ground of the same claim assignment.

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