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(영문) 의정부지방법원 2013.08.21 2012가합10468
배당이의
Text

1. Defendant . Of the distribution schedule prepared by this Court on August 16, 2012, with respect to the distribution procedure A case of this Court.

Reasons

1. Basic facts

A. B, around May 2006, entered into a transaction agreement with the Plaintiff to continuously supply the mixed feed (hereinafter “the first transaction agreement of this case”), and on May 24, 2006, set up a notarial deed of money loan agreement for transfer security (No. 472, 2006, where the notary public entered into an agreement for transfer security (No. 500,000,000 won with the joint and several surety C) including the following 6,60 pigs in order to secure a certain amount of the obligations arising under the said transaction agreement, by transferring the same amount of the obligations arising under the said transaction agreement to the Plaintiff by means of possession revision, as aggregate goods, and created a notarial deed of money loan for transfer security (No. 4722, 2006, where the notary public entered into the Djoint Law Office).

In addition, on May 26, 2006, B completed the registration of creation of a neighboring mortgage with the maximum debt amount of KRW 600,000,000 for each real estate in the attached list Nos. 1 and 2 in order to guarantee the Plaintiff the obligation arising under the above transaction agreement.

At 600 heads, fostering, and 6,000 heads of unclaimed money: Epocheon-si Epocheon-si G

B. C and H acquired all of the following pigs 6,300 and breeding facilities from B on May 30, 2007, and C and H completed the registration of transfer of ownership on May 23, 2007 with respect to each real estate listed in paragraphs (1) and (2) of the attached list on May 30, 207.

Macheon-si E: 160 Madon 640 Madon Madon : 480 Madon 1,400 Madon Madon 1,400 Madon 2,420 Madon Madon 1,200 Madon Madon 1,200

C. Accordingly, on June 1, 2007, C and H concluded each transaction agreement with the Plaintiff on the same terms and conditions as the first transaction agreement of this case (hereinafter collectively referred to as “instant second transaction agreement”). D.

C On June 25, 2007, in order to secure the Plaintiff’s obligation arising under the instant secondary transaction agreement, C completed the registration of creation of a mortgage over each real estate listed in the separate sheet (hereinafter “instant real estate”) with a maximum debt amount of KRW 500,000,000 with respect to each real estate indicated in the separate sheet (hereinafter “instant real estate”).

(e).

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