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(영문) 대구지방법원 2015.12.15 2015가단7975
배당이의
Text

1. The plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The Defendant is a mortgagee of the right to collateral security (hereinafter “instant right to collateral security”) established with respect to the net F’s share of the net F with respect to the building in Daegu Jung-gu E-gu and 73.4 square meters and its ground (hereinafter “the instant real estate”). The Plaintiffs are the deceased F’s children.

B. On February 25, 2015, in the Daegu District Court DD’s auction case on the instant real estate, this Court drafted a distribution schedule to distribute the remaining surplus amount of KRW 31,346,889 to the Defendant, who is the mortgagee, to the Plaintiff B, who is the owner of the right to collateral security, the maximum debt amount of KRW 100,00,000, and the surplus amount of KRW 42,95,425, and the remaining surplus amount of KRW 31

C. The Plaintiffs appeared on the date of distribution and raised an objection to the full amount of the Defendant’s dividends.

[Ground of recognition] Facts without dispute, entry of Gap evidence 2, 8, and 11, the purport of the whole pleadings

2. Judgment on the plaintiffs' assertion

A. The Defendant asserted that the instant right to collateral security was established with respect to the instant real estate by the Plaintiff’s father was established with the consent of the net F (Death on August 10, 2009), the deceased G’s heir, based on the loan claim of KRW 250 million against the deceased G (Death on May 22, 2007), and that the Plaintiffs inherited KRW 27,777,777 out of the secured debt of the instant right to collateral security upon the death of F.

In the appellate trial of the claim for loans filed by the Defendant against the deceased G’s heir [the Plaintiff with respect to the secured obligation of the instant right to collateral security in the first instance court, Daegu District Court 2010Kahap4978 (principal lawsuit, 2011Kahap799 (Counterclaim), the appellate court, Daegu High Court 201Na3566 (principal lawsuit), and 3573 (Counterclaim)], the “the amount of the instant adjustment” is either KRW 27,77,777,77 within the scope of the property inherited from the deceasedF to the Defendant.

shall be paid.

“As the instant conciliation was concluded, the instant conciliation debt is included in the secured debt of the instant mortgage.

Nevertheless, the defendant as the right to collateral security amount of KRW 100 million.

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