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(영문) 대구고등법원 2015.01.22 2014나3390
배당이의
Text

1. The part of the judgment of the first instance against the Defendants shall be revoked.

2. The Plaintiff’s portion of revocation is against the Defendants.

Reasons

1. Basic facts

A. The Plaintiff filed a lawsuit against Dongcheon Industrial Development Co., Ltd. (former trade name: Samsung Construction Co., Ltd.; hereinafter “Nonindicted Co., Ltd.”) seeking the refund of the purchase price, etc. under the Ulsan District Court 2012Gadan32149, Nov. 28, 2012. The Ulsan District Court rendered a judgment on November 28, 2012 that “the Plaintiff shall pay to the Plaintiff 94,575,00 won annual interest of KRW 94,575,00 from August 17, 2012 to October 5, 2012; and that the said judgment was finalized at that time.”

around September 2012, in order to preserve KRW 98,809,070, among the claims recognized in the above judgment, the Plaintiff filed an application for provisional seizure of the instant real estate owned by the non-party company with the Ulsan District Court 2012Kadan3651, Ulsan District Court (Ulsan District Court 2012. According to the provisional seizure decision, the claim amount was completed on September 26, 2012 as the receipt No. 10269 on the instant real estate by the Daegu District Court Young-gu District Court Youngdong Branch Branch Office 10269 on September 26, 2012.

(hereinafter referred to as “registration of provisional seizure of this case”). (b)

In order to secure the payment of the above claim, the non-party company and the Defendants entered into the instant mortgage contract with the non-party company on December 13, 2012 with the non-party company on December 17, 2012, and the registration of provisional seizure established on December 1, 2012 with the priority number of No. 12922, No. 1, No. 12922, Dec. 17, 2012, the Defendants registered the establishment of the instant mortgage contract on the non-party company’s principal amounted to KRW 54,58,240 (Defendant B), and KRW 58,021,60 (Defendant C) and the damages for delay. The Defendants registered the establishment of the mortgage in the name of the defendant C Daegu District Court No. 12922, Dec. 17, 2012.

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