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(영문) 서울고등법원 2015.08.20 2015나3886
근저당권말소 등
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

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

Reasons

Basic Facts

The plaintiffs' claims against D have claims against D based on "1,00,000 won (Plaintiff A) and 20% interest per annum from August 27, 2013 (Plaintiff B) or from August 28, 2013 (Plaintiff B) to the date of complete payment, which are based on the Seoul Southern District Court 2012Gahap14211, as to D.

The Defendant and the Defendant’s husband D, in the course of the auction procedure with respect to the instant real estate, completed the registration of ownership transfer on the ground of sale on November 29, 2002, with the Seoul Southern District Court No. 12938, Feb. 14, 2007, which was received on February 14, 2007.

Meanwhile, on the other hand, the real estate of this case was registered as the creation of a mortgage (hereinafter the "mortgage No. 1") with the Seoul Southern District Court No. 12973, Feb. 14, 2007, the maximum debt amount of which is 636,80,000 won for the debtor D and the National Bank of Korea Co., Ltd. (hereinafter the "National Bank"), and with the court No. 39398, Jul. 10, 2008, the maximum debt amount of which is 240,000,000 won for the court as of July 10, 2008, which was 393, which was 240,000 won for the creation of a mortgage of this case to D and the mortgagee No. 2,000 for the debtor, the debtor, and the mortgagee No. 1 and the "mortgage No. 1 of this case," respectively.

A) Each of the instant real estates was completed. On the other hand, the Defendant purchased the said shares in the Seoul Southern District Court E and F (Dupl) compulsory auction procedure with respect to D’s shares among the instant real estates. On September 4, 2014, on the date of distribution of the instant auction procedure, KRW 440,983,919 (100%) to the National Bank of Creditor Banks of the first right to collateral security (the dividend rate of KRW 100%) and KRW 207,538,810 (the dividend rate of KRW 100), and KRW 2,628,727 (the claim amount of KRW 113,534,118), and KRW 2,627,458 (the claim amount of KRW 113,479,324) to the creditor of the second right to collateral security (the dividend rate of KRW 113,479,324) were distributed to the Plaintiff.

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