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(영문) 대전지방법원천안지원 2016.09.27 2015가단106840
배당이의
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. In order to preserve F’s loan claims, Plaintiff A received a provisional attachment order of KRW 60,00,000, including loans, etc. from the Daejeon District Court 2010Kadan962 (hereinafter “Seoul District Court 2010Kadan962”) with respect to G forest 211,636 square meters (hereinafter “the instant forest”) owned by F, in order to secure F’s loan claims, and filed an application with F for a payment order of KRW 60,00,000,000, including loans, etc. with the Daejeon District Court 2012 tea 1296 (hereinafter “Seoul District Court 201, Jun. 13, 2012”), and the said payment order was finalized as is on January 10, 2013.

B. Plaintiff B filed an application with F for a payment order of KRW 20,00,000 for a loan of KRW 20,000 and delay damages therefor with the ASEAN District Court 2015 next 589,000,000, and Plaintiff B issued a payment order from the said court on August 4, 2015, and the said payment order was finalized on August 28, 2015.

C. Plaintiff C is the deceased’s heir of the property of the deceased H, and the deceased H filed a lawsuit claiming a loan with this court under this court’s 2007Kadan21432, and on March 4, 2009, the court rendered a ruling that “F shall pay mining H KRW 43,00,000 and damages for delay.” The court appealed from this ruling that “F shall pay F shall pay mining H 25,000,000 won and damages for delay,” and the conciliation was concluded that F shall pay 25,00,000 won to the deceased H as 209Na2321.

On the other hand, between the Defendant on March 9, 201, FF entered into a mortgage agreement with the maximum debt amount of KRW 850,000,000 regarding the instant forest as the Defendant, and with the debtor F and the collateral mortgagee as the Defendant (hereinafter “mortgage agreement”). On the other hand, the Daejeon District Court completed the registration of the establishment of the neighboring forest as the receipt of No. 11560 on the same day as the ASEAN Branch of the Daejeon District Court.

Plaintiff

A filed an application for the commencement of compulsory auction with respect to the forest land of this case with a title to the above final payment order, and the compulsory auction procedure (hereinafter referred to as “instant auction procedure”) was commenced by this court E and I upon receipt of a decision to commence compulsory auction from this court on October 31, 2013.

(e)in this case;

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