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(영문) 창원지방법원통영지원 2016.06.16 2015가합560
배당이의
Text

1. The Plaintiff’s respective claims against the Defendants, Defendant (Appointed Party) E and Appointed F are dismissed in entirety.

2...

Reasons

1. Facts of recognition;

A. On June 22, 2010, following the establishment and transfer of H’s right to collateral security with respect to the land owned by the Plaintiff, the right to collateral security was established with respect to the amount of KRW 500,000,000, the obligor, and the Plaintiff’s and the mortgagee’s right to collateral security (H), with respect to the amount of KRW 39,281 square meters of forest land and J forest 12,312 square meters (hereinafter “each of the instant lands”).

On the other hand, on February 28, 2013, KRW 250,00,00 among the above-mortgaged claims of H with the above-mortgaged claims were transferred to Defendant C on February 5, 2013, and KRW 125,000,000 among the above-mortgaged claims of H were transferred to Defendant C. Each part of the above-mortgaged claims (the maximum bond amount of KRW 125,00,000) was transferred to Defendant E (Appointed Party E) and Selection F on February 5, 2013.

B. As to the establishment of the right to collateral security and the right to claim a transfer of ownership by Defendant D Co., Ltd. on May 26, 2006, the right to collateral security was established with respect to KRW 286,00,000 with respect to each of the instant land and land at issue on January 30, 2007, which was divided into KRW 671 square meters with respect to the land and land at issue on May 26, 2006, Defendant B acquired the said right to collateral security by subrogation on February 6, 2015.

On the other hand, as to each of the instant lands on November 5, 2012, Defendant D Co., Ltd’s right to claim transfer of ownership was registered on the same day reservation.

C. At the request of Defendant C, the procedure of the voluntary auction on each of the instant lands was initiated upon the motion of Defendant C.

(C) On September 2, 2015, the date of distribution on September 2, 2015, the court of execution prepared a distribution schedule (hereinafter “instant distribution schedule”) as follows.

Defendant B, who is the party having the right to deliver the relevant 123 reasons (the corresponding tax) with the dividend order of 739,380,256,762,882,250,000,000 for Defendant C’s credit amount (the corresponding tax).

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