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(영문) 수원지방법원 2016.06.24 2015가단26012
배당이의
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. K completed the registration of ownership transfer on October 26, 2007 with respect to 226.8 square meters (hereinafter “the instant site”) in Yong-si, Young-gu, K completed the registration of ownership transfer on January 9, 2008, and completed on January 10, 2008 the registration of creation of a neighboring mortgage of KRW 416,00,000 on the maximum debt amount, and completed the registration of creation of a superficies on January 10, 2008.

At the time, at the time, the Plaintiff requested an appraisal corporation to complete the registration of the establishment of the above neighboring mortgage to assess the value of the instant site as KRW 430,920,000.

B. K newly constructed three-story detached houses on the ground of the instant site (hereinafter “instant building”) and completed the registration of initial ownership on December 26, 201.

C. Defendant A, B, C, D, E, F, G, and H (hereinafter “H”) leased part of each of the above buildings from K, paid deposits to K, and thereafter completed a move-in report on the building at that time, and reside in the building from that time. The details are as follows: (a) the details of the move-in report are as follows.

The Plaintiff completed the registration of creation of a superficies by agreement with K, and on January 11, 2013, adding the instant building to the common collateral of the registration of creation of a neighboring mortgage.

E. On May 15, 2014, at the Plaintiff’s request, the auction procedure for exercising the security right to the instant site and building was commenced (J of the Suwon District Court).

F. In the above auction procedure, the instant building site was assessed to be KRW 948,609,200, the sum of KRW 406,557,200, and the instant building (including the building outside the city) was assessed to be KRW 948,60,200. The instant building site and the instant building were sold to KRW 800,000. At the time the Plaintiff’s right to collateral security was established, there was no building in the instant building at the time of the establishment of the Plaintiff’s right to collateral security. Since the Plaintiff’s right to collateral security had opposing power, the Plaintiff’s right to collateral security was completed as to the instant building.

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