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(영문) 의정부지방법원 2013.12.06 2013가단37005
제3자이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts do not conflict between the parties, or may be acknowledged by taking account of the whole purport of the pleadings in each entry in Gap evidence No. 1-1-3, Gap evidence No. 2-1, 2, and No. 3:

B around February 25, 1999, B Co., Ltd. (hereinafter “Nonindicted Company”) completed the registration of transfer of ownership on the ground of sale on February 10, 1999 with respect to D forest land of 622 square meters and C land of 3243 square meters and 194.97 square meters on the ground, 194.97 square meters, 194.97 square meters on the 1st floor, 1st floor, 306.42 square meters, 177.1 square meters on the 1st floor, 287.6 square meters on the 2nd floor (hereinafter “the above factory site”, and the above factory site “the instant factory”).

B. On November 25, 2004, the KCAB received a registry office of the District Government District Court on the receipt of 119046 on November 25, 2004, and each of the above land, factory buildings, and their machinery as joint collateral, and the joint collateral amount of KRW 200,000,000 among them, the above C factory site and its ground buildings, and their machinery, were registered as joint collateral by the receipt of the same registry office on October 2, 2006, under Article 92224 of the same registry office on October 2, 2006, the maximum debt amount of KRW 120,000,000, the amount of KRW 276,000,000 as the receipt of the same registry office on January 31, 207, and each of the debtor was a non-party company.

C. After that, the Bank of Korea filed an application for the auction of real estate rent with the Jung-gu District Court E on the basis of each of the above collateral mortgages, and the decision to commence the auction procedure was made on August 29, 2012 and the entry in each real estate was registered on August 30, 2012 (hereinafter referred to as “instant auction procedure”). After that, the Defendant, the Bank of Korea, which received rights based on each of the above collateral mortgages from the Bank of Korea (hereinafter referred to as “instant auction”).

In addition to the factory building registered on the ground of the above C land, 10 square meters in a panel panel, 10 square meters in a panel building site, 46 square meters in a brick panel roof warehouse, 382 square meters in a steel pipe roof factory, 180 square meters in a steel pipe tent, C factory site, and 176 square meters in a steel pipe tent in a factory site and D forest.

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