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(영문) 서울서부지방법원 2018.05.17 2017가단211422
근저당권이전등기절차이행
Text

1. The Plaintiff:

A. The Defendants are the Suwon District Court with respect to each real estate listed in the separate sheet 2 to 6.

Reasons

1. Basic facts

A. On October 19, 2009, the Defendants completed the registration of the establishment of a mortgage of KRW 432,00,000 (hereinafter “first-class collateral security”) with respect to the first-half portion of each land located at D, E, F, G, and H (hereinafter “land before subdivision”) in the Gyeonggi-gu Gyeonggi-do (hereinafter “first-class collateral security”) prior to the division, and Defendant C completed the registration of the establishment of a mortgage of KRW 120,000 (hereinafter “second-class collateral security”) on April 29, 201 with respect to the first-class share of KRW 432,00,000 with respect to the maximum debt amount.

(hereinafter referred to as the “each of the instant collateral security”). B.

After the subdivision, the land before the subdivision was divided, registered conversion, and the Defendants renounced the right to collateral security or have changed ownership with respect to part of the land. The details are as shown in the attached Table.

(hereinafter referred to as "division and registration conversion") shall be divided and indicated only by lot number.

On the other hand, the Plaintiff completed the registration of ownership transfer on June 26, 2013 with respect to each portion of D and J divided on June 26, 2013, and completed the registration of ownership transfer based on sale on June 26, 2013, D as a co-owned property partition with K, and J as a sole owner of K on August 30, 2013.

After all, the Defendants applied for the commencement of a voluntary auction on D’s 1/2 share (the portion transferred to the Plaintiff, as in the foregoing paragraph (hereinafter “instant real estate”) based on the first priority mortgage (the first priority mortgage, but the ownership of the Plaintiff as in the foregoing paragraph (hereinafter “instant real estate”). At the above auction procedure, the Defendants awarded a successful bid of KRW 495,00,000, and paid in full the proceeds of sale on April 28, 2015. On May 27, 2015, the distribution schedule was formulated to the Defendants, who are the first priority mortgagee, the amount of maximum debt, KRW 432,00,000, and the amount of KRW 58,228,058, which is part of the maximum debt amount, to Defendant C, the second priority mortgagee, was distributed.

E. The Plaintiff filed an objection to the said dividends, and filed a lawsuit of demurrer against the Defendants, but lost the said dividends (U.S. District Court Branch Decision 2015Gahap679), and the judgment became final and conclusive by dismissing the appeal.

(Seoul High Court 2016Na2004257).

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