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(영문) 서울중앙지방법원 2014.12.19 2013가합69953
배당이의
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. 1) Concluding a mortgage contract on the instant land: (a) I (nameJ prior to the opening of a name) on May 6, 201, between the Defendant and the Defendant, the share of 24.78/255 square meters (hereinafter “instant land”) in the Dongjak-gu Seoul Metropolitan Government K-gu 255 square meters (hereinafter “instant land”).

2) On the same day, the establishment registration of a mortgage (hereinafter referred to as the “mortgage”) under the name of the Defendant was concluded with respect to the debtor L/W, the maximum debt amount of 2.3 billion won, and the mortgage (hereinafter referred to as the “mortgage”).

2) On November 15, 201, I concluded a mortgage agreement with the debtor L, the maximum debt amount of 2.6 billion won, the plaintiffs, M and N, and on November 16, 201, with the following: (a) on November 15, 201, I concluded a mortgage agreement with the debtor; and (b) on November 16, 201, registered the establishment of a mortgage with the aforementioned contents.

B. Our bank, a creditor of L’s bid and decision of voluntary auction on the instant land (hereinafter “Korea bank”), applied for a voluntary auction on the instant land, and the Defendant was awarded the instant land in the said voluntary auction procedure (Seoul Central District Court H; hereinafter “instant auction”), and was awarded a bid of KRW 750 million in the purchase price, and filed a registration of transfer of co-ownership in the name of the Defendant on August 12, 2013.

C. The auction court of this case distributed 50,948,345 won to the transferee-party 3 securitization limited company of the bank, which is the first secured mortgage, among 750,569,627 won of dividends in the dividend procedure that was made after payment of the purchase price of the land of this case, and the remaining 695,232,692 won to the defendant, who is the second secured mortgage, who is the second secured mortgage, respectively, and did not distribute all to the plaintiffs, who are the third secured mortgage.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. The summary of the plaintiff's assertion is that the defendant conspireds with L, which is the president of the O-regional housing association that joined the plaintiffs as a member, in the project site of the above housing association.

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