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(영문) 의정부지방법원 2020.05.27 2018가단137030
제3자이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Establishment of a collateral security and acquisition by transfer of the Plaintiff’s collateral security under the Factory Mortgage Act (hereinafter “factory Mortgage Act”) for factories and mining assets of Co., Ltd. (hereinafter “E”) C (hereinafter “C”)

) Upon receiving a loan from E, on September 8, 2015, the F-Si land in Macheon-si (hereinafter “instant land”).

(2) On January 19, 2016, the registration of preservation of ownership was completed with respect to the three consent factory buildings (a.b. multiple buildings; hereinafter collectively referred to as the “factory of this case”) constructed on the land of this case, and on March 7, 2016, the factory of this case was added as joint collateral for each of the above right to collateral security established in the future as to the land of this case on March 7, 2016. Of them, according to the evidence No. 1,560,000,000 of the maximum debt amount, the machinery installed on the factory of this case was added as collateral for the right to collateral security.

Attached Form

2.In the paper, the name of each machine is marked with croke machines, but no distinction is made between the two names, shall be specified as croke machines.

15 Form 15 (hereinafter referred to as “instant machinery”) shall be attached to the instant factory machinery

2. It submitted a list of machinery and instruments pursuant to Article 6 of the Factory Mortgage Act, as recorded in the list of the collateral security list, and changed the above collateral security to the factory collateral security pursuant to Article 6 of the Factory Mortgage Act (hereinafter “instant collateral security”).

3 E applied for voluntary auction against the instant land, the instant factory, and the instant machinery based on the foregoing right to collateral security, and received voluntary decision to commence auction on June 7, 2018.

E thereafter loans to the Plaintiff C.

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