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(영문) 인천지방법원 2020.02.13 2019가합58369

배당이의

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Details of the alteration of rights to each of the instant buildings 1) H buildings on the G ground of Bupyeong-gu Incheon Bupyeong-gu, Incheon (hereinafter “H buildings”).

(A) each building listed in the separate sheet owned by I (hereinafter “each building of this case”).

As to the 67 units of H building, including the 67 units of H, the registration of creation of a mortgage (hereinafter “mortgage of this case”) with respect to the maximum debt amount of August 24, 2005, KRW 3,100,000,000, and the establishment of a mortgage (hereinafter “mortgage of this case”).

(2) On July 10, 2014, the registration of the transfer of the right to collateral security (hereinafter “instant right to collateral security”) that transferred the instant right to collateral security to K was completed. On the same day, the amount of the claim KRW 300,000,00 regarding the instant right to collateral security (hereinafter “instant right to collateral security”) was due and due and payable on August 31, 2014, K Co., Ltd., Ltd., and L Co., Ltd. (hereinafter “instant right to collateral security”) was completed. In addition to each instant building, H building M, N,O, P, Q, R, S, T, U, and V was jointly secured.

3) The instant pledge right to collateral security (hereinafter “W”) is based on the assignment of claims on February 14, 2018.

(4) On October 12, 2018, the Plaintiff transferred 150,000,000 won among the instant right to collateral security (right to collateral security) to X on the ground of partial transfer of the claim. With respect to the remainder portion of W on the instant right to collateral security (right to collateral security), the Plaintiff transferred YY on February 23, 2018, May 9, 2018, Z, and May 18, 2018, respectively, to the Plaintiff on the ground of each transfer of the right to collateral security (right to collateral security (right to collateral security) on the ground of the assignment of the right to collateral security (right to collateral security) to W on the ground of the assignment of the right to collateral security (right to collateral security), and W transferred the right to collateral security (right to collateral security) to the Defendant on the same date, but W did not transfer the right to collateral security (right to collateral security) to W on the same date).

H building N,O, P, Q, R, S, T, U, and V, which was the joint collateral of the instant right to collateral security.