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(영문) 인천지방법원 2016.06.15 2015가합56235
배당이의
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On November 25, 201, the Plaintiff’s provisional registration of the right to claim ownership transfer was completed the registration of the right to claim ownership transfer on the same day in order to secure the claim amounting to KRW 420 million by the notarial deed of promissory notes held by J, etc. against the land listed in the attached list No. 1 (hereinafter referred to as “land or building in the attached list”), which was owned by J on November 25, 201.

B. As to the attached land on May 11, 2012, Defendant B’s mortgage K completed the registration of the establishment of a mortgage on May 9, 2012 with respect to the following: (a) the maximum debt amount of KRW 300 million on the ground of the mortgage contract; (b) the registration of the establishment of a mortgage on the debtor L; and (c) the attached land on May 14, 2012 (attached Form 2, Attached 4, attached on July 3, 2013, added to the joint collateral on the ground of an additional contract on May 11, 2012) with respect to the attached land on May 11, 2012, the registration of the establishment of a mortgage on the maximum debt amount of KRW 30 million on the ground of the mortgage contract and the debtor.

On April 11, 2014, Defendant B completed the registration of transfer of the right to collateral security on April 10, 2014 with respect to each of the above right to collateral security.

C. As to the attached land on May 11, 2012, Defendant C, on the ground of the mortgage contract on May 9, 201, completed the registration of the establishment of a mortgage on the attached land of KRW 45 million with the maximum debt amount, KRW 45 million with the debtor L, and ② the registration of the establishment of a mortgage on the attached land of May 14, 2012 (attached Form 2 and 4 shall be added to the joint collateral on the ground of additional contract on May 11, 2012) with respect to the attached land of KRW 3 (Attachment 2 and 4, which are attached to the attached Table 3, as of May 3, 2013) on May 11, 2012, the registration of the establishment of a mortgage on the attached land of KRW 45 million with the debtor L.

Defendant D, including the right to collateral security of Defendant D, added the attached Form 3 (Attachment 1, 2, 4 or a building on July 3, 2013 as joint collateral on the ground of additional contract on May 14, 2012) to the attached land on May 14, 2012, including the right to collateral security of Defendant D, as the maximum debt amount of KRW 45,00,000,000, and the debtor.

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