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(영문) 서울고등법원 2013.06.28 2013나12442

근저당권 일부 이전등기 말소

Text

1. Revocation of a judgment of the first instance;

2. The Plaintiff:

(a)each real estate listed in the Schedule 1 for the indication of the attached real estate;

Reasons

1. Basic facts

A. On July 29, 2011, the non-party Daewoo Automobile Sales Co., Ltd. (hereinafter “non-party company”) applied for commencement of rehabilitation procedures as Seoul Central District Court 201 Gohap105. On the same day, the above court rendered a decision ordering all rehabilitation creditors and rehabilitation secured creditors to prohibit compulsory execution, etc. based on rehabilitation claims or rehabilitation security rights (hereinafter “general prohibition order”), and simultaneously served a written notice on the non-party company, and the above general prohibition order was announced on the same day.

On August 10, 201, the court decided to commence rehabilitation procedures for the non-party company (hereinafter “instant rehabilitation procedures”) following the commencement of rehabilitation procedures.

B. On July 22, 2011, Defendant Hong-Motor Vehicle Sales Corporation (hereinafter “Defendant Hong-Motor Vehicle”) was issued a seizure and assignment order on each of the real estate claims stated in the separate sheet against Nonparty Company Company’s Haren Best and 28054 with the execution bond based on the final judgment against Nonparty Company, as the Incheon District Court Decision 201TTB28054, and the said seizure and assignment order was served on each of the Nonparty Company on July 26, 201, with regard to each of the real estate claims listed in the separate sheet against the two infrastructure Co.,, Ltd..., Ltd....., the aforementioned seizure and assignment order was served on the Red-Profit Co., Ltd., Ltd. on July 27, 2011, and on August 10, 2011.

C. On July 22, 2011, the Defendant dialogue passenger transport company (hereinafter “Defendant dialogue passenger transport company”) was issued a seizure and assignment order on each of the real estate claims listed in the separate sheet against the Nonparty Company, as the execution bond against the Nonparty Company, as the Incheon District Court Decision 2011TTT28032, with regard to the claim based on the final judgment against the Nonparty Company. The above seizure and assignment order was issued on July 26, 201, with regard to each of the real estate claims listed in the separate sheet against the Nonparty Company, and on August 3, 2011, respectively.