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(영문) 대구지방법원서부지원 2017.07.21 2016가합50598

양수금

Text

1. The plaintiff's claim of this case is dismissed.

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

Reasons

1. Basic facts

A. On July 19, 2011, B Co., Ltd. (hereinafter “B”) sells to the Defendant (hereinafter “instant real estate”) 18,029 square meters of land for D, 18,029 square meters of land for a factory, E, and 417 square meters of land for a factory, F farm site, 115 square meters of land for a G farm (hereinafter “instant real estate”) at 2.95,000,000 won (hereinafter “instant sales contract”) and completed the registration of ownership transfer to the Defendant on July 20, 2011.

At the time, the instant real estate was completed: (a) the amount claimed on July 24, 2006, KRW 77,812,877, the creditor H’s provisional attachment registration; (b) the maximum debt amount of KRW 225,000,000 on April 28, 2006, the debtor B, and the creditor I’s establishment registration of a neighboring mortgage (this collateral security was transferred to the J on September 16, 201 due to the inheritance of the property on June 25, 2009); (c) the establishment registration of a neighboring mortgage by the creditor J on March 7, 2007 (this third collateral security) was completed; (b) the establishment registration of a neighboring mortgage by the debtor, B, and the creditor J on March 7, 2007 (this case’s collateral security was all referred to as the “instant collateral security”); and (c) the auction procedure against the instant real estate was initiated on March 6, 2009.

㈎ B은 피고와 협의하여 농협중앙회(근저당권), L(가압류), M(가압류), 창녕군(압류), 마산세무서(압류), 국민건강보험공단(압류), 국민연금(압류), 고용보험(압류), 산재보험(압류)의 채권을 우선 변제한 후 이들 가압류 등을 해소한다.

㈏ 피고는 I, J, H의 채권 합계액인 602,812,877원의 매매대금을 보관하다가 법원의 결정에 따라 이들 권리를 해소하고, 다만 이들의 가압류 등이 해소되면 그와 동시에 보관하고 있는 매매대금을 B에 지급한다.

㈐ 피고가 이 사건 부동산에 관한 근저당권, 압류,...