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(영문) 전주지방법원 2017.08.10 2017나3270
배당이의
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claims against the defendants are all dismissed.

3. The total cost of the lawsuit.

Reasons

1. The reasoning for the court’s explanation on this part is as follows: “The instant No. 10 and 11” in the judgment of the court of first instance refers to “the instant No. 10 and 11; the combination of “the instant No. 13”; “the Defendant” in the 3th 11th th th th th th th th th th th th th th th st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st,

A person shall be appointed.

H. Meanwhile, on February 25, 2015, the Defendants asserted that the former Jeju District Court 2015Kadan6502 against the Plaintiff, and that the Defendants could subrogate the Plaintiff, who is the creditor of each of the instant collective security rights, in accordance with the legal principles of statutory subrogation by the person liable for reimbursement, and subsequently, filed a lawsuit seeking the implementation of each of the instant collective security rights, which was the joint collateral of each of the instant real property, on November 9, 2015, concerning the establishment registration of each of the instant collateral security rights, which was the joint collateral of each of the instant real property, and won the judgment in favor of the said court. Accordingly, the Plaintiff appealed (the Jeonju District Court 2016Na8544), and the final appeal (Supreme Court 2017Da205196). However, the said judgment became final and conclusive as it was all dismissed.

A person shall be appointed.

2. The assertion and judgment

A. If a person who has a legitimate interest in the plaintiff 1's assertion by the parties makes a payment by subrogation for a part of the claim, the creditor who has a mortgage has the obligation to make a supplementary registration of partial transfer of the mortgage by subrogation to the person who has made the subrogation.

The creditor has preferential right to payment against some subrogation. The defendants paid 100,000,000 won, which is part of the plaintiff's total amount of claim 1,289,496,170 won to E, so the creditor pays for the compulsory auction of this case.

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