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(영문) 서울중앙지방법원 2017.04.21 2016가합552876
공탁금출급청구권확인
Text

1. Between the Plaintiff and the Defendants, deposited by the Seoul Central District Court No. 11020 on May 24, 2016, 446,234.

Reasons

1. Basic facts

A. On September 30, 2011, Defendant D Co., Ltd.: (a) obtained a loan from F on or around September 30, 201; and (b) Defendant D Co., Ltd.: (c) obtained the loan from F; and (d) Busan J apartment I owned by E and his spouse G (hereinafter “instant real estate”).

(2) On October 30, 201, Busan District Court rendered a registration of the establishment of a collateral security (hereinafter “Defendant D”) against Busan District Court’s Busan District Court Decision 696,000,000 won with the maximum debt amount of 696,000,000 won, the debtor E, and the mortgagee F. On October 2, 2014, E completed the registration of the establishment of a collateral security (hereinafter “Defendant D”) with respect to the one-half share of the instant real estate on October 1, 2014. The F Co., Ltd. transferred the said right to Defendant D Co., Ltd. (hereinafter “Defendant D”) on or around March 30, 2015. On April 3, 2015, F completed the registration of the establishment of collateral security under the name of Defendant D with respect to the said right.

B. Defendant B Co., Ltd. and C (hereinafter “Defendant B”) filed for registration of the establishment of a pledge on the above-mortgage claim with the same registry office as of April 3, 2015, and as of March 30, 2015, Defendant C Co., Ltd. (hereinafter “Defendant C”) filed for registration of the establishment of a pledge on the right to collateral security claim based on the contract concluded on March 30, 2015 with the same registry office, and the establishment of a pledge on the right to collateral security claim based on the contract concluded on April 3, 2015 with the same registry office as of March 30, 2015.

C. On March 19, 2015, the Plaintiff acquired executive titles against Defendant D, and seized and collected claims against the said collateral security claims (hereinafter “J”) by the Plaintiff and the J Co., Ltd. (hereinafter “J”).

From the perspective of concluding a contract to purchase 850,000,000 won as a collateral for the right to collateral security in the name of M established with respect to K apartment L in Gangnam-gu Seoul, the J paid KRW 170,00,000 as part of the same day down payment and remainder. According to the above contract, the J paid KRW 270,000,000 to the Plaintiff on June 4, 2015.

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