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(영문) 광주지방법원순천지원 2014.04.17 2014가합711
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. The real estate in the attached list was owned by Nonparty E Co., Ltd. (hereinafter referred to as “E” without the name of the Co., Ltd., and omitted the name of the Co., Ltd. for other corporations). The real estate in the attached list was sold to Nonparty F through the procedure of auction of D's real estate (hereinafter referred to as “instant voluntary auction”), and the Plaintiff A from among them was sold to Nonparty F.

5. With respect to real estate, Plaintiff B, as the case may be,

2. to 2.

5. Does

8. 9. Real estate was each mortgagee of the right to collateral security, and the defendant was the first mortgagee of the right to collateral security over each of the above real estate.

B. The details of the specific relationship of rights as to the real estate listed in the separate sheet (referring only to the real estate No. 1, No. 2, etc. in accordance with the list No. 1) are as follows:

On June 27, 2012, the voluntary auction procedure of this case, which was commenced in order of priority in ownership of real estate, is currently order of collateral security.

On September 24, 2008, G changed from September 24, 2008 to H in the first second second second second second second order.

On November 5, 2007, the Industrial Bank of Korea, which was in progress in the auction procedure of the instant case, renounced some of the immovable property on February 1, 2013, which was part of the jointly mortgaged property.

No. 2.-7. EF on June 4, 2013, Defendant A’s voluntary auction on June 4, 2013, and the details of Defendant B’s rights.

C. On June 4, 2009, the Defendant subrogated for the obligor’s confirmed debt to the Korea Exchange Bank, a joint collateral on the attached list of real estate, to the Korea Exchange Bank, and received the first and second priority collateral from the said bank. The maximum debt amount of the first priority collateral is KRW 650,000,000, and the maximum debt amount of the second priority collateral is KRW 312,00,000.

On June 27, 2012, the auction procedure of this case regarding the real estate listed in the separate sheet was commenced at the Defendant’s request, and on March 2012, the appraised value as of March 2012 is as follows:

The appraised value of No. 1 real estate 194,844,002 2 real estate 445,302,000 shall be March 1, 200.

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