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(영문) 대전고등법원 2016.09.29 2015나15519
배당이의
Text

1. The plaintiff's appeal is dismissed.

2. The plaintiff's lawsuit on the part of the claim added in the trial shall be dismissed.

3. Appeal.

Reasons

1. The facts subsequent to the facts of recognition do not conflict between the parties or may be recognized by comprehensively considering the overall purport of the pleadings in each entry in Gap evidence 1 to 4 and 7 (including each number; hereinafter the same shall apply).

E on June 9, 2011, entry in the separate sheet owned by the defendant and himself/herself

1. to 1.

7. Regarding each land, the maximum debt amount is KRW 416 million, the creditor and the mortgagee, the debtor and the person establishing the right to collateral security. On the same day, the Daejeon District Court received registration office No. 11496, and completed the establishment registration of the right to collateral security as to each of the above land.

After that, on November 21, 2011, E concluded a mortgage agreement with the Defendant regarding each of the above lands with the maximum debt amount of KRW 6550 million, and on the same day, E completed the registration of creation of a neighboring mortgage regarding each of the above lands to the Defendant under Article 23858 of the receipt of the above registry office, and on February 16, 2012, listed in the separate sheet.

8. As to the land, a contract to establish a mortgage with the maximum debt amount of KRW 30 million was concluded, and on the same day, the registration of establishment of a mortgage on the said land was completed at No. 3510 by the receipt of the above registration office.

(hereinafter referred to as “each of the instant mortgage contracts”) B, including each of the instant mortgage contracts dated June 9, 201, November 21, 2011, and February 16, 2012.

On March 9, 2012, the Plaintiff filed an application with the Daejeon District Court for provisional seizure of real estate under the Hongsung Branch Branch Branch of 200 million won, and completed the registration of provisional seizure of real estate on the same day as of March 9, 2012. The Plaintiff again filed an application against E for provisional seizure of real estate as of KRW 570,270,532 with the same court 2013Kahap65, and completed the provisional seizure of real estate on the same day after receiving a decision to accept it on May 2, 2013.

C. The Plaintiff filed a lawsuit against E on the claim for a loan with the Daejeon District Court’s official order 2013Gahap849, and filed it on January 2014.

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