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(영문) 광주고등법원(전주) 2016.04.21 2015나100759

제3자이의

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1. The plaintiff.

Reasons

1. Facts of recognition;

A. The contract to establish a security interest and transfer of rights between Dongwon Co., Ltd. and C is 1) a farm located in D and 10 parcels (hereinafter “instant farm”). Dongwon Co., Ltd. and C

C) On February 9, 2011, a feed company, and a notary public with the following contents as follows, with a legal entity C/C’s C/L No. 71, 201, on a money loan agreement on movable property security (hereinafter “instant notarial deed”).

The subject juristic act was drawn up. The creditor Dongwon Co., Ltd.: (a) on February 9, 201, the creditor Dongwon Co., Ltd.: (b) on interest rate of 8% per annum to the debtor C; (c) on May 8, 201, the date of payment, and natural damages, at 25% per annum; and (d) borrowed them. The debtor borrowed them. For the purpose of securing the performance of the above obligation, the debtor transferred 4,500 pigs within the farm of this case, his ownership, to the creditor, and the creditor acquired them by transfer. The debtor recognized that there was no objection even in compulsory execution if he did not perform his monetary obligation under this contract. (b) On October 23, 2012, the debtor acquired all of the bonds of this case on the Notarial Deed Co., Ltd., Ltd. on the Notarial Deed, and obtained consent from C and joint guarantor, and obtained the transfer of the above bonds from the successor to the execution clause of this case as a joint guarantor and the debtor of this case.

3) On June 20, 2013, E transferred all of the claims based on the instant notarial deed to the Plaintiff, and notified the transfer of the said claims to C and its joint and several sureties around July 4, 2013, and the Plaintiff was granted the instant notarial deed as E’s successor in order to enforce compulsory execution against C and its joint and several sureties on August 19, 2013. (b) B’s execution execution clause was transferred from C on December 14, 2011 to C.