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(영문) 서울동부지방법원 2016.08.17 2015가합1534
배당이의
Text

1. The plaintiffs' claims are dismissed.

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

Reasons

Basic Facts

E and F are those who own 1/2 each share of the G site and its ground buildings in Gangdong-gu Seoul Metropolitan Government (hereinafter referred to as “instant site” and “instant building,” and all of them hold 1/2 each share of the instant real estate.

On June 7, 2011, the Plaintiffs leased KRW 300 million in total, each of the KRW 150,000,000,000,000 for interest rate E on August 31, 201, and on August 31, 2011. On the same day, the Plaintiffs received a right to collateral security of KRW 450,000,000 from E with respect to the instant real property as the debtor.

(B) On March 25, 2011, the Defendant completed the registration of creation of a mortgage against the Defendant as the Defendant on March 25, 201, the maximum debt amount of KRW 500 million, the obligor, E, F, and the mortgagee.

(2) On January 4, 2013, a national bank, which is the first secured right of the instant real estate, filed an application for an auction to exercise the security right to the instant real estate and started an auction procedure on the instant real estate as D on January 4, 2013.

(hereinafter “instant auction”). When the sale price of the instant real estate was fully paid due to the sale of the instant real estate at the instant auction, the sales price was distributed by opening the date of distribution on February 27, 2015. On the distribution schedule prepared on the said date, the Defendant received dividends of KRW 243,802,210 in the second priority order, and was drafted as having no dividends to the Plaintiffs, subordinate.

Accordingly, the Plaintiffs raised an objection, and filed the instant lawsuit on March 5, 2015.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 12 through 16, Eul evidence Nos. 5 (including each number; hereinafter the same shall apply), the plaintiffs' assertion of the purport of the whole pleadings, the plaintiffs' assertion that the defendant's husband He leased the building of this case from E and F, and the defendant's right to collateral security was established to secure the claim for the return of the lease deposit amount of 500 million won against H E and F, and H.

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