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(영문) 대전고등법원 2018.04.12 2017나14497
배당이의
Text

1. The plaintiff's appeal against the defendants is dismissed.

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

purport, purport, and.

Reasons

Basic Facts

The reasoning for this part of this Court is as follows, and this part of the reasoning of the judgment of the court of first instance is the same as that of the corresponding part of the reasoning of the judgment of the court of first instance.

The term "this Court" shall be deemed to be the "Natural District Court Support", the term "Defendant Boan City" to be "Yananan City", and the term "Defendant D" to be "D", respectively.

The 4th parallel "Defendant M" shall be changed to "Defendant B".

Plaintiff’s assertion

The Defendants, among the instant auction real estate, obtained the establishment of a collateral security right only for the instant land and the instant building Nos. 101, 201, 301, and 401. Of the amount of dividends against the Defendants, the portion distributed in excess of the value of the said land and the instant building Nos. 101, 201, 301, and 401, out of the amount of dividends against the Defendants, was distributed out of the proceeds from the sale of other portions than the instant real estate

Therefore, the dividend amount of the Defendants should be corrected.

Judgment

On the date of distribution of the auction procedure of this case, the distribution schedule was prepared that distributes the amount of KRW 652,229,376 to Defendant A, the mortgagee of the fifth priority collective security right, KRW 228,280,282 to Defendant B, and KRW 97,834,406 to Defendant C, as seen earlier.

Comprehensively taking account of the aforementioned evidence and the purport of the evidence and the evidence evidence Nos. 1 and the entire pleadings, the fact that N has completed the registration of creation of a neighboring mortgage of KRW 1.5 billion with respect to the instant land and the instant building Nos. 101, 201, 301, and 401 on Nov. 15, 2006, and the Defendants acquired by transfer part of the aforementioned collateral security interest from N on Mar. 10, 201 and completed the registration of relocation on May 4, 201.

Therefore, the Defendants, who are the right to collateral security, have the right to receive dividends from the proceeds of sale of the land of this case and the proceeds of sale of Nos. 101, 201, 301, and 401 among the auction real estate of this case. However, it is insufficient to recognize the fact that the Defendants received dividends from the proceeds of sale of the part other than the above real estate.

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