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(영문) 서울고등법원 2017.06.09 2016나2074874
배당이의
Text

1. The part against Defendant F in the judgment of the first instance shall be modified as follows:

The High Government District Court G, ..

Reasons

1. Basic facts

A. The establishment of a right to collateral security as to the instant real estate and the subrogation for Defendant F to the Korea Exchange Bank (hereinafter “instant real estate”) shall be deemed as having been KRW 7,484 square meters in Yongsan-gu, Busan Metropolitan City (hereinafter “instant real estate”).

(1) On March 14, 2007, Plaintiff A owns 3/9 shares and Plaintiff B, C, and D own 2/9 shares, respectively. (2) On March 14, 2007, Plaintiff A offered the instant real estate as collateral and obtained a loan from Korea Exchange Bank (hereinafter “Korea Exchange Bank”); on March 14, 2007, Korea Exchange Bank completed the registration of establishment of a neighboring mortgage with the maximum debt amount of KRW 195 million with respect to the instant real estate as the debtor, N, and Korea Exchange Bank as the Korea Exchange Bank as the debtor, the debtor, and the Korea Exchange Bank as the Korea Exchange Bank (hereinafter “Korea Exchange Bank as the first neighboring mortgage”).

② On February 14, 2007, Plaintiff A provided the instant real estate owned by the Plaintiffs as collateral and borrowed KRW 450 million from the Highyang Livestock Industry Cooperatives (hereinafter “the High Livestock Industry Cooperatives”). On the same day, the High Livestock Industry Cooperatives completed the registration of creation of a mortgage near the instant real estate with the maximum debt amount of KRW 585 million, the debtor M&W, and the right to collateral security (hereinafter “the second collateral mortgage”).

3) On February 18, 2011, when the Korea Exchange Bank received a voluntary decision to commence auction on the instant real estate from the Kanyang Branch of the Jan Government District Court and conducted the auction procedure, the Plaintiffs requested on November 15, 201, Defendant F to pay the loan obligation to the Korea Exchange Bank on behalf of the Defendant F on behalf of the Defendant F on November 15, 201, with the following loan certificates (No. 3, hereinafter “the instant loan certificate”).

was prepared and proposed.

1. Principal borrowed: 150 million won;

2. Creditor: Defendant F.

3. Period of reimbursement: Interest on January 15, 2012: From January 16, 2012 to the full payment date.

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