beta
(영문) 수원지방법원 2017.08.31 2016가합77090

배당이의

Text

1. The plaintiff's lawsuit against the defendant B shall be dismissed.

2. The plaintiff's claim against the defendant C is all dismissed.

3...

Reasons

1. Basic facts

A. On May 9, 2013, Nonparty F received, from the Nonparty’s property management company, the first priority collective security (hereinafter “the third priority collective security”) of KRW 88,00,000 with respect to the first floor of Suwon-gu H apartment building 101 (hereinafter “the instant real estate”) owned by Nonparty G on the grounds of the transfer of confirmed claim on the same day, and the second priority collective security (hereinafter “the third priority collective security”) of KRW 1,152,00,000 with respect to the maximum debt amount, the second priority collective security (hereinafter “the second priority collective security”) and the third priority collective security (hereinafter “the third priority collective security”) of KRW 480,00,000 with respect to the maximum debt amount.

B. On May 9, 2013, with respect to the instant first-class collateral security, the right to collateral security was established with F and the “debtor” amounting to KRW 88,00,000,00 with respect to the Non-Party 1’s “creditor” on May 1, 2013, and the said right was transferred to the Non-Party 1, the first L&C Co.,, Ltd. (hereinafter “S&C”) again on the same day.

C. On May 9, 2013, with respect to the instant second-class collateral security, the right to collateral security was established on May 2013, 201 with the creditor F and the debtor’s “F and the “debtor” amounting to KRW 997,00,000. Likewise, on October 29, 2015, the said right of collateral was established on the said date to a limited liability company specializing in foreign exchange SPS and the first day to C&C, and on January 3, 2014, the said right of collateral security was also established on the Defendant B and the “debtor” amounting to KRW 150,000,00.

With respect to the instant third-class collateral security, each right to collateral security, the Plaintiff and the obligor’s amount of which is KRW 240,000,000, was established with respect to the instant third-class collateral security (hereinafter “creditor”) on October 15, 2013 and January 8, 2014, and each right to collateral security, the amount of which is KRW 240,000,000. On June 30, 2014, the Plaintiff’s said right to collateral security (hereinafter “creditor”).