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(영문) 수원지방법원성남지원 2013.10.16 2013가단8020
공탁금출급권자확인
Text

1. Of the KRW 93,579,436 deposited by Suwon District Court No. 6147, August 16, 2012, Suwon District Court 2012, KRW 23,046,998.

Reasons

1. Basic facts

A. At the time of the Defendant joining the Defendant, the establishment registration of the apartment units F 401, which was owned by the Defendant, was completed with the maximum debt amount of KRW 165,00,000 on November 11, 2009, G and H, the mortgagee of the right to collateral security.

(hereinafter “The instant real estate”, “the instant collateral security”, and “the establishment registration of the instant collateral security”). B.

On January 12, 2010 with respect to H’s shares in the foregoing right to collateral security, the full transfer registration was completed in the first future (the same date as the cause of registration) and on April 16, 2012, the full transfer registration was completed in the Defendant’s future.

(As of April 6, 2012, the cause of registration, part of the confirmed bond transfer).

In addition, on June 10, 201, with respect to the above right to collateral security, the full transfer registration of the shares of the plaintiffs was completed in the future.

(1/2 of the interests of the plaintiffs, the grounds for registration, June 9, 201, part of the confirmed claim transfer) d.

I applied for a voluntary auction on the instant real estate on March 2010 and received a decision of commencement on January 25, 201.

(J) the District Court J. e.

After that, on March 4, 2011 upon the application of G, voluntary auction was commenced on the instant real estate, and on August 2, 2012, the distribution was made on August 2, 2012, the senior court clerk E deposited dividends of KRW 93,579,436 to be distributed to the right holders of the instant right to collateral security on August 16, 2012 with the Plaintiffs and the Defendant as deposit account.

(U) (U.S.K, Suwon District Court No. 6147, 2012; hereinafter “instant auction case,” “instant deposit”) / [Grounds for recognition] of absence of dispute, Gap’s evidence Nos. 1, 6, Eul’s evidence No. 5, and the purport of the whole pleadings.

2. The assertion and judgment

A. The gist of the plaintiffs' assertion (1) is that the defendant joining the defendant's assertion set up the instant collateral security right to secure it by borrowing KRW 50,000,000 from G on November 11, 2009, KRW 60,000 per annum from I, and KRW 36% per annum, and the due date for repayment on February 10, 2010.

The transfer of the right to collateral security against the defendant is only the principal and only withdraws the application for auction.

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