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(영문) 서울서부지방법원 2017.04.06 2015가합3372
배당이의
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be those resulting from the succession.

Reasons

1. The facts under the recognition of facts are either in dispute between the parties or in the entries in Gap evidence 1 to 6, 9 to 11, and Eul evidence 1 to 7, Eul evidence 1 to 17, Eul evidence 1 and 2 (including the branch numbers, if any) and the whole purport of the pleadings.

(Plaintiffs defense to the effect that the evidence No. 4 was forged, but there is no evidence to acknowledge it).

On July 12, 2007, Nonparty F entered into a credit transaction agreement with G Co., Ltd. (hereinafter “G”) under which the repayment period of KRW 369,00,000 from G would be set at July 12, 201, the rate of delay damages would be 17% per annum (less than three months) or 19% per annum (not less than three months) and the credit transaction agreement between Nonparty F and G on July 12, 2007 (hereinafter “instant loan claim”), and the second floor J of Yongsan-gu Seoul, Yongsan-gu, Seoul, with the maximum debt amount of KRW 442,80,000,00 with respect to the instant building (hereinafter “instant building”). On the same day, Nonparty B entered into a contract with G to comprehensively set up a collateral security agreement that comprehensively covers all obligations related to credit transactions, credit card transactions, etc. to be borne at present and in the future.

B. As to the instant building’s legal relationship, each registration of seizure was completed in the name of Yongsan-gu Seoul Metropolitan Government from October 20, 2010 to February 4, 2015 after the establishment of the instant mortgage under G name with respect to the instant building.

C. On January 15, 2014, G filed an application for the auction of real estate with the Seoul Western District Court E on the instant collateral security regarding the instant building on January 15, 2014, and on January 16, 2014, the commencement of the auction procedure on January 16, 2014 (hereinafter “instant auction”).

(2) Then, G had the instant loan claim against F on March 28, 2014 to K Limited Liability Company (hereinafter “Special Purpose Company”).

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