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(영문) 인천지방법원 2016.03.17 2015가단220909
배당이의
Text

1. The plaintiff's claim of this case against the defendants is dismissed in entirety.

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

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 of Gap evidence of 1 to 15, Eul evidence of 1 to 4, Eul evidence of 1 to 5, Eul evidence of 8 to 12 (including branch numbers), and Eul evidence of 1 to 12.

The non-party G is a money borrowed arrangement between Defendant B, F, and G. 1) The non-party G is a land owned by the non-party H 1447.3 square meters in Nam-gu Incheon Metropolitan City (hereinafter “instant land”).

(2) On June 20, 202, G agreed to borrow KRW 2.3 billion from Defendant B and F on the premise that Defendant B and F borrow KRW 2.3 billion from June 20, 2002, following the completion of the construction of a new building on the ground, and the completion of the provisional attachment registration, etc. established on the instant land, G cancelled all restrictions on provisional attachment registration, etc. established on the instant land under the condition that Defendant B and F borrow KRW 2.3 billion from Defendant B and F, and set up a provisional registration for first priority collective security, superficies, and ownership transfer right claim against Defendant B and F. The name of the owner of the building under construction on the instant land is changed to Defendant B and F, and if the owner fails to implement the provisional attachment registration, the principal, interest (48%), and the compensation for damages (hereinafter “the instant monetary agreement”).

3) Meanwhile, from June 16, 2001, Defendant B entered into a mortgage agreement with Defendant B, and F, from August 29, 2003, with the registration of credit business, etc. as well as Article 3 of the Act on the Registration of Credit Business, etc. and the Protection of Finance Users. (B) Defendant B and F, such as the establishment of a mortgage on the instant land, entered into a mortgage agreement with G on June 21, 2002, with respect to the instant land as a security for a loan claim under the instant monetary loan agreement with G, which provides a maximum debt amount of KRW 3,750,00,000 as to the instant land, and accordingly, they completed the registration of the establishment of a mortgage on the instant land with the following contents as to the instant land:

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