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(영문) 인천지방법원 2015.11.25 2015가합56242
배당이의
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. On October 11, 2010, the Defendant completed the registration of creation of a neighboring mortgage (hereinafter “instant collateral security”) by having the debtor J as the ground for establishing a mortgage on the same day with respect to the area of 3,109 square meters, which was owned by H, 3,109 square meters prior to the Incheon Cheong-gun, Incheon, Incheon.

B. On February 22, 2011, the area of 3,109 square meters prior to Incheon po-gun is divided into 446 square meters prior to I, 40 square meters prior to K (hereinafter “K”) 404 square meters prior to L, 404 square meters prior to L (hereinafter “L land”), 404 square meters prior to M (hereinafter “M land”), 287 square meters prior to N, 1,164 square meters prior to N (hereinafter “N land”), and the instant collective security was divided into 3,109 square meters prior to I, Incheon po-gun, Incheon (hereinafter “before the division”), and accordingly, the instant divided collective security was subject to all divided land.

C. On November 25, 201, the Plaintiffs completed the establishment registration of a neighboring mortgage on the grounds of the same day establishing a mortgage with respect to M M land, N land, andO land (hereinafter collectively referred to as “each of the instant parcels”) on the same day. D. The Plaintiffs completed the establishment registration of a mortgage with the debtor P, with the maximum amount of claims KRW 356,40,000, and the debtor.

On the other hand, on December 27, 2011, the debtor of the right to collateral security in the name of the defendant was changed to H on the ground of the acquisition of the contract on December 26, 2011 with respect to each of the land remaining after the division except the I land after the division.

E. Moreover, on January 30, 2012, on land I, there was a supplementary registration of the transfer of right to collateral security in Q in the name of the defendant on the ground of the transfer of confirmed claim on December 26, 2011.

F. On February 12, 2013, the decision to commence the auction of real estate for each of the lands other than the I land after subdivision was rendered, and the auction procedure was conducted to this court C. On July 30, 2015, K land and each of the instant lands in the order of one of the KRW 993,632,520, which shall be actually distributed on July 30, 2015.

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