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(영문) 수원지방법원성남지원 2020.01.10 2018가단2058
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 March 22, 2006, Suwon-nam Branch of the Sung-gu District Court (hereinafter “instant real estate”), there were: (a) the obligor G, the mortgagee H, the maximum debt amount of 175,00,000 collective security (hereinafter “instant 1-1 collective security”); (b) the obligor G, the mortgagee I, the maximum debt amount of 70,000,000 collective security (hereinafter “instant 1-2 collective security”); (c) the obligor G, the mortgagee B, the Defendant B, the maximum debt amount of 105,00,000 collective security (hereinafter “instant 1-2 collective security”) and the obligor G, the mortgagee, the mortgagee B, the Defendant B, the maximum debt amount of 10,000,000 collective security (hereinafter “instant 1-3 collective security”).

B. As to the instant 1-1 collective security, the registration of transfer of the right to collateral security (hereinafter “instant 1-1-1 collective security”) and the registration of transfer of the right to collateral security (hereinafter “instant 1-1-2 collective security”) consisting of Defendant C, the amount of transfer of which was 70,000,000 and Defendant D, the amount of transfer of which was 105,000,000 each of the same registry offices (hereinafter “instant 1-1-1-2 collective security”) were concluded on May 22, 2013 by the receipt of 34372 of each of the same registry offices. As to the instant 1-2 collective security, the registration of transfer of the right to collateral security (the right to collateral security) was completed on February 27, 2013 by the registry office, which was the Defendant C, the registration of transfer of the right to collateral

(hereinafter referred to as “instant first-class collective security”) referring to the first-class collective security on the instant real property. C.

The Plaintiff (K prior to the opening of the name) determined L as the debtor M, the maximum debt amount of KRW 180,00,000 with respect to the instant real estate, and completed the registration of transfer on August 27, 2010, as the receipt of No. 47090 on August 27, 2010, with respect to the right to collateral security, which was completed on December 21, 2006 by the same registry office.

In the Suwon District Court E real estate auction case, the court prepared a distribution schedule that distributes the remaining amount of KRW 92,258,168 to Defendant B, Defendant C, KRW 36,903,268, and KRW 27,677,450, after deducting the expenses incurred on January 25, 2018.

[Reasons for Recognition]

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