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(영문) 인천지방법원 2017.12.14 2016가단250891
구상금
Text

1.(a)

Plaintiff

A, Defendant D’s KRW 16,089,063, and Defendant E and F’s KRW 20,903,640, respectively, and each of the said money on November 10, 2016.

Reasons

1. Facts of recognition;

A. The Defendants are the heirs of the deceased G on September 4, 2014.

B. H, Plaintiff A, G, I, Plaintiff B, and C (hereinafter “H et al.”) purchased from J on April 6, 2007 KRW 1139 million for the purchase price of KRW 18,826 square meters for Kanjin-gun, Incheon, for the purchase price of KRW 1.139 million. H on May 2, 2007 and Plaintiff A completed the registration of co-ownership transfer as to each of the instant real estate shares of KRW 7,429.52/18,826 shares, network G, I, Plaintiff B, and C, respectively.

C. On May 2, 2007, the deceased G obtained a loan from the Incheon Spojin Livestock Cooperative. On the same day, the deceased and five other parties completed the registration of the establishment of a mortgage, which is the debtor's net G, the debtor's net G, and the Incheon Spojin Livestock Cooperative, in the future of the Incheon Spool Livestock Cooperative with respect to the real estate of this case on the same day.

(hereinafter “instant collateral security”). D.

The Incheon High Livestock Cooperative applied for the commencement of voluntary auction on the real estate of this case to Incheon District Court L, and the above court decided to commence voluntary auction on November 25, 2015.

(hereinafter “instant auction procedure”). (e)

On January 4, 2016, the Defendants completed the registration of co-ownership transfer on September 4, 2014, with respect to Defendant D’s co-ownership shares 2,975.22/131,782 shares, Defendant E, and F, respectively.

F. In the instant auction procedure on November 9, 2016, the instant real estate was sold, and the registration of transfer of shares in shares was completed in the future in M (13,178,200/39,534,600) on the same day, N (13,178,200/39,534,600) and P (6,589,100/39,534,600) and P (6,589,100/39,534,600).

G. On the date of distribution implemented on December 19, 2016 with respect to the instant auction procedure, the said court distributed KRW 185,390,417 by the instant collateral security to the Incheon Inspool Livestock Industry Cooperatives. The said court distributed KRW 36,652,674, which was planned to distribute to D, = 20,94,385, KRW 15,708,289, and KRW 7,000, KRW 3652,674, which was planned to distribute to D.

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