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(영문) 대구지방법원 2017.02.03 2015가합2465
공탁금출급청구권확인
Text

1. Of the instant lawsuit, the Plaintiff’s claim against the Defendants for the payment of deposit money worth KRW 69,782,076,000,000.

Reasons

1. Basic facts

A. Defendant B paid KRW 800 million to a medical corporation C (hereinafter “C”) in order to operate a funeral hall with the trade name of “E funeral home,” and leased part of the real estate indicated in the attached list, which is owned by the said foundation, to secure the claim for the refund of the said lease deposit, and entered into a mortgage agreement with C on March 23, 2005 with respect to the said real estate with the maximum debt amount of KRW 80 million, the debtor C, and the creditor B, and completed the registration of the establishment of a mortgage near the same day.

B. After that, on May 31, 2010, Defendant B entered into a contract with the Plaintiff on partial transfer of the secured debt of the above right to collateral security with respect to KRW 200 million and entered into a supplementary registration of partial transfer of the right to collateral security on the same day.

In addition, Defendant B entered into a contract with F on June 8, 201 with respect to the assignment of claims regarding KRW 600 million among the claims secured by the above right to collateral, and completed additional registration with respect to the transfer of all the shares of the right to collateral based on the above assignment of claims on the following day. On June 14, 2011, Defendant B notified C of the above assignment of claims by mail, which is a certificate with a fixed date, and notified C of the assignment of claims at that time.

C. On January 6, 2009, the rehabilitation procedure against C was commenced by this Court 2008 Ma36. On August 2, 2011, C’s administrator D, which was the secured debt of the above right to collateral security, deposited KRW 281,269,550 in the balance of the lease deposit of Defendant B, which was the secured debt of the above right to collateral security, under the latter part of Article 487 of the Civil Act, the Civil Execution Act Article 248(1) and Article 291 of the Civil Execution Act, in which this Court was deposited (depositor: Defendant B or Plaintiff, or F), and as a result, on August 12, 2011, the supplementary registration for the transfer of the above right to collateral security was cancelled.

On August 19, 201, the following measures for mixed deposit began with this Court G G dividend procedures, and on August 2, 2011, C reported the reasons for deposit, the balance of the lease deposit against B, which is the secured claim of the above collateral security, as of August 2, 201.

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