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(영문) 부산지방법원동부지원 2015.05.14 2014가단201584
배당이의
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The instant real estate and share transfer 1) The ownership of the instant real estate and share is 595167m20,000 Busan-gun, Busan-gun (hereinafter “instant real estate”).

On June 23, 2003, the transfer of ownership was completed under the name of E on June 23, 2003, and on July 1, 2003, the transfer of ownership was completed under the name of F on July 1, 2003.2) On October 25, 2004 with respect to the portion of the instant real estate, the transfer of ownership was completed under the name of G on October 25, 2004.

3) On August 16, 2011, with respect to 1/2 (i.e., 1574 May 5/595167) of the remainder of shares except for the shares in paragraph (2) above, the registration of change of ownership in G was made on August 16, 201, and the registration of change of ownership in H was made on the remainder of 115764.5/59167 shares on the same day.

4) On January 11, 2012, 2012, on the shares in H’s name (i.e., 1574.5/595167) (i.e., 1157), a transfer registration of ownership was made in the name of Symanmac Co., Ltd.

5) On January 18, 2014, with respect to the share in the name G (i.e., 479402.5/595167) among the instant real estate, the registration of ownership transfer was completed in the name of Symar Co., Ltd. on the ground of the sale by the instant auction. (B) on June 23, 2003, with respect to the instant real estate on June 23, 2003, the registration of the establishment of a mortgage was completed for the debtor, E-mortgage, Dongsan Agricultural Cooperatives, the maximum debt amount of KRW 560,000,000.

2) On March 27, 2007, the right to collateral security established as above was transferred to H and I. C. The establishment of the provisional registration for collateral security and the registration for provisional seizure therefor has been completed) on October 23, 2003, J, the creditor of F, made a provisional registration for the right to claim partial transfer of ownership (hereinafter “provisional registration for collateral security”) for the purpose of securing F’s claim against F with respect to the portion of KRW 900 million out of the instant real estate.

2. As to the claim for the provisional security of this case, the plaintiff, the creditor of J, who is the creditor of Sep. 30, 2004, the provisional seizure of KRW 125,000,000 as the claimed amount on September 30, 204, the defendant's provisional seizure of KRW 500,000,000 as the claimed amount on August 8, 2006 and K on June 5, 2008.

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