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(영문) 서울고등법원 2015.07.15 2015나2007099

배당이의

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. The claims C against the Plaintiff Company C were issued to D a promissory note amounting to KRW 70 million at par value in order to secure the claim for the purchase price of goods held against Hong Construction Co., Ltd. and Tae Chang Construction Co., Ltd.

After that, D, on November 8, 201, with the face value of KRW 70,000,000 for promissory note claim against C, completed the provisional attachment registration after receiving a decision of provisional attachment of real estate on E large scale 10,081.6m2 and its ground buildings in light of the name of light owned C on November 8, 201.

Plaintiff

On December 17, 2013, the Company received from D the transfer of the above promissory note claim against C, and completed the notification of the transfer of claim to C.

(after that, on January 2, 2014, the change of the right holder was reported to the auction court as seen below). (b)

A’s claim against A was issued and delivered by a notarial deed stating the purport of recognizing compulsory execution, even if it is immediately enforced, if C does not pay KRW 150,000,000 from June 7, 201 to the real estate sale balance by November 17, 2012.

C. On April 30, 2009, the Defendant’s establishment of the right to collateral security (formerly, a guardian club, etc.) completed the registration of creation of the right to collateral security over the F-18.8 square meters, G-17.5 square meters, and the land on which the Defendant’s establishment of the right to collateral security (hereinafter “the right to collateral security”) owned on April 30, 2009, and the real estate No. 1.300 million won, and changed the maximum debt amount from 300 million won to 80 million won on June 4, 2009. On April 5, 2010, the Defendant completed the registration of the establishment of the right to collateral security over the real estate No. 1 and 2, and received on February 23, 2011 the maximum debt amount of the right to collateral security over the future mutual savings bank (hereinafter “U.S. Mutual Savings Bank”) with the maximum debt amount of KRW 1 and KRW 300 million prior to July 23, 20008.

The auction procedure of this case is completed.