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(영문) 의정부지방법원 2015.04.03 2013가합13433

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. Facts of recognition;

A. The Defendants’ establishment of the right to collateral security under the names of the Defendants 1) International Co., Ltd. (hereinafter “I”).

(2) On September 1, 2008, each real estate indicated in the separate sheet in the Blue Agricultural Cooperative’s list on September 11, 2008, in order to secure the above loans from a broadband Agricultural Cooperative, was combined with a 558 square meters of land for a mix and a 1,276 square meters of land for a mix on September 11, 2008, and became a 6,918 square meters of land for a L. 6,918 square meters of land for a factory on April 15, 2009, and was divided into each land listed in the separate sheet 1, 200,000 square meters of land on April 15, 2009. The debtor I, maximum debt amount, 320,000,000 square meters of land (hereinafter “the first collateral mortgage”).

2) On December 27, 2005, I concluded a mortgage agreement with J to set up a maximum debt amount of KRW 100,000,000 with respect to each real estate listed in the separate sheet, and completed on December 28, 2005, with regard to each real estate listed in the separate sheet, the debtor I, the maximum debt amount of KRW 100,000,000 (hereinafter “the second collateral mortgage”).

B. (1) On September 30, 201, Defendant B subrogated for KRW 296,323,384 of the principal and interest of the loan to Defendant B on September 30, 201. (2) On September 30, 2011, Defendant B entered into a contract for the transfer of a right to collateral security with a mining agricultural cooperative to the effect that the said payment by subrogation was transferred from a mining agricultural cooperative, and on September 30, 201, Defendant B completed additional registration for the transfer of a right to collateral security on the ground that the payment by subrogation was made on September 30, 201.

C. On August 10, 2010, J entered into a contract for a loan of KRW 100,000,000,000 between K and K with respect to the loan and mortgage of KRW 100,000 to K, and the claim and mortgage of KRW 20,00,00 with respect to the transfer of the above claim and mortgage of this case. I agreed with K on the same day. 2) K accepted the transfer of the above claim and mortgage of this case. < Amended by Presidential Decree No. 22348, Aug. 2, 2010>