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(영문) 서울고등법원 2016.09.23 2016나2004257
배당이의
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

purport.

Reasons

Basic Facts

The following facts are acknowledged in full view of each of the statements in Gap evidence Nos. 1, 3 through 9 (in the case of documentary evidence with a serial number, including a serial number; hereinafter the same shall apply), Eul evidence Nos. 1, 2, 2-2-1, 3, 4, 14-1, 2, 31, and 31.

[1] On December 19, 2003, J and Q purchased each parcel of land E, F, G, H, and I located in Gyeonggi-si, Gyeonggi-do, G, H, and I (hereinafter “land before subdivision”), and completed the registration of ownership transfer as to each portion of land on December 22, 2003.

On October 19, 2009, the Defendants, who are parties, completed on October 19, 2009 the establishment registration of a neighboring mortgage (hereinafter referred to as the “first priority mortgage”) with respect to the J shares out of the land before subdivision (hereinafter referred to as “J shares”), which is established by the debtor J., and Defendant C completed the establishment registration of a neighboring mortgage (hereinafter referred to as the “first priority mortgage”) on April 29, 201, which is established on April 29, 201 as the maximum debt amount, KRW 120 million, and the debtor J. (hereinafter referred to as the “second priority mortgage”).

(2) The Defendants waivered the right to collateral security, or were subject to change of ownership, with respect to the portion of the J on certain land, and the details thereof are as shown in the attached Table.

(2) On June 26, 2013, the Plaintiff completed the registration of transfer of ownership based on the sale on June 26, 2013, and the registration of transfer of ownership based on the common property division as to Q shares on August 30, 2013, among the instant land and R shares, on June 26, 2013.

The Defendants are the same year prior to November 11, 2013.

8. On November 7, 2013, with respect to each one-half portion of M land owned solely by the J, provisional registration was completed with respect to the amount equivalent to 87 million won due to trade reservation on November 7, 2013.

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