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(영문) 창원지방법원 2017.11.02 2017가합50259

채권조사확정재판에 대한 이의의 소

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1. The Changwon District Court shall authorize the final inspection judgment of the rehabilitation security right No. 2015-1 dated November 17, 2016 to be rendered.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. The status of the parties 1) C Co., Ltd. (formerly: D Co., Ltd.) established the Defendant by dividing the shipbuilding business sector on June 8, 2016, and the Defendant comprehensively succeeded to the rights and obligations related to the shipbuilding business of the company prior to the division (hereinafter “Defendant” without distinguishing between the company prior to the division and the newly incorporated company after the division).

(2) The Plaintiff, a corporation established for the purpose of asset-backed securitization business, acquired the claim against the Defendant of the Bank and the right to collateral security to secure this.

B. The establishment of the right to collateral security on the real estate stated in the separate sheet Nos. 1 and 2 1) E, a representative director of the Defendant and the Defendant, was the Defendant, between the Industrial Bank of Korea on July 15, 201 and the Industrial Bank of Korea on July 15, 201

(3) In order to secure security, the mortgage agreement was concluded with regard to the real estate listed in [Attachment 2] Nos. 1 to 3 of [Attachment 2] owned by the Defendant and the real estate listed in [Attachment 2] No. 4 to 12 of [Attachment E] owned by the Defendant with a maximum debt amount of KRW 2.9 billion, and on the same day, the Industrial Bank of Korea has completed the establishment registration of a neighboring mortgage on the real estate listed in

(2) On January 22, 2013, E sold the real estate listed in Section 4, 5, and 12 of Attached Table 2 (hereinafter “instant cancelled real estate”) to a third party. On January 30, 2013, the Industrial Bank of Korea cancelled the part regarding the instant real estate among the registration of creation of the instant existing collateral mortgage.

3) On April 24, 2014, the Defendant: (a) between the Industrial Bank of Korea on April 24, 2014 and the Industrial Bank of Korea; (b) on the pretext of replacing the creation of a collateral for the cancelled real estate; and (c) the real estate

A contract to establish a right to collateral security with a maximum debt amount of 2.9 billion won is concluded, and on the same day, the Bank shall execute the contract.