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(영문) 청주지방법원제천지원 2017.07.05 2016가단345
배당이의
Text

1. The Cheongju District Court was drafted on January 25, 2016 with respect to the case of voluntary auction of real estate E in the Cheongju District Court.

Reasons

1. Basic facts

A. The plaintiff A is the husband of the plaintiff B.

B. On September 15, 2010, Plaintiff A completed the registration of the establishment of a neighboring mortgage with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) owned by Plaintiff B (hereinafter “instant real estate”) on September 14, 2010, based on the contract signed on September 14, 2010, the maximum debt amount of KRW 150,000,000, and the debtor’s establishment of a neighboring mortgage that became the Plaintiff A.

(hereinafter “instant 1-mortgage”). C.

On October 31, 2014, F transferred the secured debt of the instant No. 1 collateral to Defendant C, and completed the registration of transfer of the instant No. 1 collateral on the ground of transfer of contract on the same date. D.

Plaintiff

B on October 25, 2012, on the ground of the contract to establish the same date to Defendant D, the maximum debt amount of KRW 500,000,000 and the establishment registration of a neighboring establishment to Plaintiff B was completed.

(hereinafter “instant 2-mortgage”). E.

On November 17, 2014, at the request of Defendant C, who is the first mortgagee of the instant real estate, the voluntary auction procedure (hereinafter “instant auction procedure”) was commenced on November 17, 2014. In the said auction procedure, the said court prepared a distribution schedule with the same content as the attached Table on January 25, 2016 (hereinafter “instant distribution schedule”), and the Plaintiffs appeared on the date of the open distribution, and raised an objection against the Defendants as to the entire amount of dividends out of the said distribution schedule.

F. On May 9, 2016, F notified the Plaintiff A of the content-certified mail to the effect that “Defendant C transferred the instant 1-mortgage and the secured claim.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3 (if available, including each number; hereinafter the same shall apply), Eul evidence Nos. 9, 10, and 11, and the purport of the whole pleadings

2. Determination as to the plaintiffs' claims against Defendant C

A. The plaintiffs' assertion 1) The plaintiffs' assertion 1) plaintiff A from F to the plaintiff's work 150,000.

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