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(영문) 광주지방법원목포지원 2017.08.23 2016가단4226
배당이의
Text

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

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The J is the owner of each real estate listed in the separate sheet (hereinafter referred to as "each real estate of this case"), and according to the order of the separate sheet, "the first to nine real estate of this case".

B. On March 13, 1997, J entered into a contract with K, Defendant A, Defendant C, Defendant D, Defendant D, E, and Defendant H (hereinafter collectively referred to as “Defendants”) to set up the instant collateral security (hereinafter referred to as “instant collateral security”) on the same day with the maximum debt amount of KRW 700,000,000, the debtor J and the Defendants respectively, and on the same day, the Defendants completed the registration of establishment of the instant collateral security (hereinafter referred to as “instant collateral security”).

C. On April 6, 2004, K transferred his share to L on the instant right to collateral security, and completed the supplementary registration of transferring a part of the instant right to collateral security on April 7, 2004.

The details of provisional attachment regarding each of the instant real estate after the establishment of the mortgage of this case are as follows.

1) The Bankruptcy Trustee M and N (hereinafter referred to as the "SIC") of the Sungdong Credit Cooperatives

(2) As to the real estate Nos. 1 through 6 of this case, the Plaintiff filed an application for provisional attachment with the creditor Sung Dongdong Union, debtor J, claim amount of KRW 71,180,273, respectively, by determining the provisional attachment as to the real estate Nos. 7 and 6 of this case, and the Gwangju District Court rendered a provisional attachment decision as to the provisional attachment under the above court Nos. 2002Kadan4941, Jul. 18, 2002, the provisional attachment registration was completed on July 18, 2002. 2) The Plaintiff filed an application for provisional attachment with the creditor, debtor JJ, claim amount of KRW 45,985,753 with respect to the real estate Nos. 7 and 9 of this case, respectively, by accepting the above application, and by making the provisional attachment decision as the above court No. 2004Kadan6341, the registration was completed on August 10, 2004.

3 With respect to the real estate of this case 7 through 9, the Plaintiff filed an application for provisional seizure by setting the amount of KRW 44,867,122 as the creditor, the debtorJ, and the claimed amount.

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