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(영문) 서울중앙지방법원 2017.07.12 2017가합516976
배당이의
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. On August 26, 2011, the registration of the transfer of shares in the name of H was completed with respect to the 7/20 portion of the 7/20 portion of the 7/10 portion of the Seoul Gangnam-gu Seoul Underground Floor Subparagraph 1 (hereinafter “instant real estate”). On November 30, 2011, the registration of the transfer of shares in the name of I was completed with respect to the remaining 13/20 portion of the instant real estate.

I was granted loans of KRW 1,076,00,000 from the Gangseo-gu Fisheries Cooperatives on August 31, 2012 (hereinafter referred to as the “Gang-gu”) and KRW 500,000,000 from the Ulsan-Gun Fisheries Cooperatives (hereinafter referred to as the “Ullung-Gun Cooperatives”).

I and H, the co-owners of the real estate of this case, completed the registration of creation of a mortgage in the name of the D&C and the UBS as shown below with respect to the real estate of this case in order to secure the obligation to repay the above loans.

Then, in the process of transferring the above loan claims, the rights to the real estate of this case were changed as shown below.

(B) Prior to the sale due to the voluntary auction, the registration matters that are irrelevant to the issues of this case that are disputed with the dividend are omitted). On the other hand, I and H respectively completed the second priority collective security with the plaintiffs and the third priority collective security with the plaintiffs, as shown below [the table].

[ table] 12/08/31 12/08/31 /31 /31 / 12/31 /31 / 1,398,00 I 1-1 (1) / 15/30 prior to mortgage transfer / 15/30 / 15/30 /30 of K 15/10 of 15/10 of 15/10 of 30 of 15/10 of 15/10 of 15/10 of 15/16/10 of 15/10 of 15/10 of 15/10 of 15/16/10 of 10 of 15/16/10 of 106/10 of 15/16/10 of 10 of 15/10 of 16/10 of 16/10 of 16/10 of 15/16 of 16/16 of 18 of 16/3 of 2 of 16/16/3 of 10 of 10 of 3 of 3 of 3333 of .

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