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1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
(b).
Reasons
Basic Facts
As of August 10, 2006, with respect to the second floor of Gtel No. 201 (hereinafter “instant real estate”) owned by the Seoul Special Metropolitan City FF Co., Ltd. (hereinafter “E”), the collective mortgagee and the Defendants, the obligor and the obligor, E,00,000,000 won for the joint mortgagee and the maximum debt amount (hereinafter “instant collateral security”).
The instant real estate was sold at the auction procedure of D. D. (hereinafter “instant auction procedure”) with respect to the instant real estate, which was commenced upon the Plaintiff’s request, the mortgagee of the instant real estate. On July 3, 2014, the said court prepared a distribution schedule as follows (hereinafter “instant distribution schedule”) with regard to KRW 404,627,718 out of the proceeds from the distribution date of the instant auction procedure on July 3, 2014.
The grounds for distributing dividends to priority creditors 10,385,610 won (relevant tax) 2-gu Seoul Special Metropolitan City 13,273,370 won, 493,357,758 won, 38.11% each of the dividend rates of Defendant B B 147,543,363 won, joint mortgagee C 138,497,187 won, 404,617,718 won, 404,617,718 won, on the date of distribution, the Plaintiff raised an objection against the total amount of dividends to the Defendants on July 8, 2014.
【In the absence of any dispute, the Defendants alleged by the parties to the Plaintiff’s assertion of the purport of the whole pleadings and entries in Gap’s No. 1, 2, 7, and Eul’s No. 15, and the purport of the whole pleadings are the persons who lent only the name of the joint mortgagee in the absence of any claim against the obligor E.
Therefore, in the instant distribution schedule, the amount of dividends against the Defendants should be fully deleted, and the said amount should be distributed to the sum of the Plaintiff’s secured claims on the instant collateral security (= Principal KRW 245,000,000, KRW 34,669,177).