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(영문) 서울동부지방법원 2016.06.23 2015가합106279

배당이의

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On September 21, 2012, with respect to the registration of the establishment of a mortgage (hereinafter “the instant real estate”) with respect to the size of 51.72 square meters for the business of the brick mentor and the branch of the G ground in Gangdong-gu Seoul Metropolitan Government (hereinafter “the instant real estate”), the registration of the establishment of a mortgage (hereinafter “the first mortgage”) with the mortgagee’s H was completed on March 27, 2013, the registration of the establishment of a mortgage (hereinafter “the first mortgage”) with the mortgagee’s right to collateral security (hereinafter “the second mortgage”), the registration of the establishment of a mortgage (hereinafter “the second mortgage”) with the mortgagee’s right to collateral security (hereinafter “the second mortgage”) was completed on March 27, 2013, with the names of the first and second mortgage rights.

B. 1) A community credit cooperative is a corporation I (hereinafter “I”) on October 24, 2014.

B) As between the community credit cooperatives and each of the instant secured claims and the secured claims thereof (hereinafter “instant claims”).

(1) 1.825 billion won (hereinafter referred to as “the transfer of this case”) shall be charged to I.D.

(1) The Plaintiff and community credit cooperatives (hereinafter “instant transfer contract”) concluded a contract to transfer to the Plaintiff on the same day, but upon the I’s request, the Plaintiff and community credit cooperatives agreed to transfer the contractual parties to the Plaintiff.

A) The Plaintiff concluded the instant transfer money. Of the instant transfer money, KRW 1.82,50 million was paid in the name of I, and KRW 1.642,50 million was paid to the Plaintiff or the J. 2) As the instant claim was transferred to the Plaintiff, community credit cooperatives followed the supplementary registration of each of the instant transfer mortgages in the name of the Plaintiff on November 6, 2014.

C.1) Defendant C was paid to Defendant C on October 22, 2014; Defendant E was paid KRW 50 million on the same month; and Defendant D paid KRW 20 million on the 30th of the same month. 2) On November 27, 2014, the Plaintiff borrowed KRW 50 million from the said Defendants as a collateral between Defendant C, D, and E on November 27, 2014, and the Plaintiff entered into a pledge agreement with each of the said Defendants on January 27, 2015.