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(영문) 서울남부지방법원 2019.11.12 2018가합115161

근질권 말소청구

Text

1. The Plaintiff Company B, Defendant C, Defendant D, Defendant E, and Defendant Co., Ltd.

Reasons

1. Basic facts

A. On February 8, 2007, the Plaintiff acquired the secured debt of the respective right to collateral security (hereinafter “each of the instant right to collateral security”) listed in the separate sheet No. 1 list No. 1 (hereinafter “instant land”) from K Limited Company, and completed the supplementary registration before February 9, 2007, with regard to the building listed in the separate sheet No. 1 list No. 2 (hereinafter “instant building”).

B. On February 8, 2007, the Plaintiff entered into a contract with Defendant B Co., Ltd. (the Defendant’s Co., Ltd. omitted the indication of “Co., Ltd.”), C, D, E, F, G, and H (hereinafter “L”) to set up a pledge on part of the instant collective security rights as to the instant collective security rights. On February 15, 2007, the Plaintiff entered into a contract with Defendant B (the Defendant’s Co., Ltd. omitted the indication of “Co., Ltd.”), and received loans of KRW 12.5 billion in total from Defendant 1 through 7 (hereinafter “the instant loan”). On February 15, 2007, each of the instant collective security rights in the instant case was registered as to each of the instant collective security rights in [Attachment 3] Nos. 1 and 2, and Nos. 3, 1 and 2, respectively, of the instant land.

C. On July 8, 2014, the Plaintiff completed the supplementary registration of the transfer of the right to collateral security, which was based on the transfer of confirmed claim as of July 4, 2014, with respect to each of the collective security rights listed in [Attachment 3 List 1] 2 of the instant land among the instant collective security rights and [Attachment 3] 2 of the instant building.

Defendant H transferred H’s right of pledge to N Co., Ltd. on October 8, 2014.

H entered into a contract with N on October 29, 2014, between N and Defendant J limited liability company (hereinafter “Defendant’s successor”), under which the status of the assignee of the claim was transferred to the Defendant’s successor, and notified the Plaintiff of the assignment of the claim on October 30, 2014.

The defendant succeeding intervenor on March 8, 2016 attached Form 3 of the instant land among the instant collateral security rights.