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(영문) 대구지방법원안동지원 2015.09.24 2015가합3256
배당이의
Text

1. The plaintiff C's lawsuit against the defendants is dismissed in entirety.

2. All claims filed against the Defendants in the Plaintiff A and B.

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in the entries in Gap evidence 1-1, 2, and 2-1. A.

Defendant D Co., Ltd. (hereinafter “H”) on June 5, 2014

(1) The real estate listed in the separate sheet No. 1 of the ownership (hereinafter referred to as “instant real estate No. 1”)

(2) As to the registration of creation of a neighboring mortgage (No. 1; hereinafter “registration of creation of a neighboring mortgage of this case”) composed of the debtor H and the mortgagee Defendant D with respect to the maximum debt amount of KRW 650 million

(2) On June 16, 2014, Defendant E completed a supplementary registration of partial transfer of the instant right to collateral security (hereinafter “instant right to collateral security”) due to partial transfer of the contract.

B. On June 10, 2014, Plaintiff A completed the registration of creation of a neighboring mortgage (No. 3,000,000 won with respect to the instant real estate No. 1, the maximum debt amount, KRW 350,000,000,000,000,000,0000,000 won, and KRW 1,50,000,000,000,000,000,000,0000,0000,0000,0000,0000,0000,0000,000,000).

3) On February 11, 2014, Plaintiff C is entitled to the real estate listed in attached Table 2 (hereinafter “instant real estate 2”).

(C) The court of execution completed the registration of creation of a neighboring real estate (No. 4) that became the debtor H and the mortgagee C with respect to the maximum debt amount of KRW 50 million. (C) In the case of the auction procedure, the auction of the F real estate rent for the branch court of the Daegu District Court with respect to each of the instant real estate, and the compulsory auction of G Real Estate (Duplicate) by the same court, on May 6, 2015, the date of distribution, the court of execution distributes the amount of KRW 467,813,039 (the dividend goods: the first real estate in this case), KRW 115,064,062 (the dividend goods: the first real estate in this case), respectively, to Defendant E, and the amount of KRW 115,064,062 (the first real estate in this case)

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