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(영문) 창원지방법원진주지원 2015.07.15 2014가단8482
배당이의
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Facts of recognition;

A. D filed an application for provisional attachment with respect to 1/2 shares of 4165 square meters out of 4165 square meters out of 4165 square meters of Hadong-gun forest land owned by Jinwon District Court 99Kadan3090, Jinwon District Court for the purpose of preserving enforcement of the loan claim amounting to KRW 70 million against E, and completed the provisional attachment registration on February 26, 199 after receiving a provisional attachment order from the above court.

Plaintiff

On May 23, 2014, between D and D, the company entered into a contract with D to acquire the above loan claims, and D notified D of the assignment of claims to E.

B. In order to preserve the enforcement of the loan claim amounting to KRW 30 million against E, Plaintiff A filed an application for provisional attachment of KRW 1/2 shares out of KRW 4165 square meters of forest land in Gyeong-dong, Chungcheongnam-dong, Seoul Special Metropolitan City, Jinwon-gun, Seoul Special Metropolitan City (2001Kadan340, and 1/2 shares out of KRW 4165 square meters of forest land in Gyeong-dong, Seoul Special Metropolitan City (hereinafter “instant real estate”) and completed provisional attachment registration upon receiving a decision of provisional attachment from the above court.

C. On July 21, 2003, E drafted a debt certificate stating that “I will confirm the Defendant’s debt amount of KRW 60 million on October 10, 1997, KRW 100 million on the 27th day of the same month, KRW 50 million on July 2, 2003, KRW 240 million on the 21st day of the same month, and promised to repay the interest at bank loan interest rate by August 21, 2003 (hereinafter “the debt certificate of this case”).

E on July 21, 2003, between the Defendant and the Defendant, entered into a mortgage agreement with the obligor and the maximum debt amount of 300 million won with respect to the instant real estate, and the Defendant, on the 29th day of the same month, completed the establishment registration of a neighboring mortgage with respect to the instant real estate.

E. The defendant, as the mortgagee of the right to collateral security, applied for the auction of the real estate in this Court C, "the auction procedure of this case".

B. On August 5, 2013, the instant court rendered a decision to commence auction on August 5, 2013, and the Plaintiffs filed a report on rights and demand for distribution at the instant auction procedure.

(g)in this regard;

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