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(영문) 전주지방법원 2015.12.11 2015가합2033
배당이의
Text

1. All of the instant lawsuits are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On April 17, 2013, with respect to the real estate listed in the separate sheet owned by F (hereinafter “instant real estate”), the registration of creation of a mortgage (hereinafter “instant collateral”) with respect to each of the said real estate, was completed on April 17, 2013, with regard to the maximum debt amount of KRW 1,300,000,000,000, the debtor F, the mortgagee, the collective security holder, the Plaintiffs, the maximum debt amount of KRW 300,000,000, and the debtor and the mortgagee on April 18, 2013.

B. After that, on April 23, 2013, the Plaintiffs entered into a trade reservation (hereinafter “instant trade reservation”) with F, and completed the provisional registration of the Plaintiffs’ right to claim transfer of ownership (hereinafter “provisional registration of this case”) on April 25, 2013 regarding the instant real estate.

Article 1(F) of the Preliminary Agreement stipulates that the plaintiffs shall sell the real estate of this case at KRW 1,600,000,000 in the price, and the plaintiffs shall accept it.

Article 2. The date of the completion of the sale and purchase of this reservation shall be October 22, 2013, and when the completion date has elapsed, it shall be deemed that the sale and purchase is completed automatically without the plaintiffs' declaration of intention to complete the sale and purchase.

When the sale and purchase is completed pursuant to Article 3(2), a sales contract for the real estate of this case between the plaintiffs and F is established, and F shall receive the price under Article 1 from the plaintiffs and at the same time implement and deliver the procedure for the registration of transfer of ownership for the real estate of this case to the plaintiffs.

Article 4 The plaintiffs shall pay F 160,000,000 won on the date of the reservation to F as the deposit money of this reservation, and the above amount shall be deducted from the price under Article 1.

Article 5 F, upon the conclusion of this reservation, will implement the provisional registration procedure for the preservation of the right to claim transfer of ownership by means of trade reservation against the plaintiffs with respect to the real estate in this case.

C. As to the instant real estate, KRW 300,000,000 with respect to the maximum debt amount on April 29, 2013, and KRW 200,000 with respect to the establishment registration of the collateral security for Defendant D, F, and the mortgagee (hereinafter “instant second collateral security”).

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