logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 천안지원 2018.05.18 2017가합100461
공사대금 등
Text

1. The defendant transfers 30,000,000 won among the claims for dividend payment listed in the attached Table 1 list to the plaintiff, and the third debtor.

Reasons

1. Basic facts

A. The defendant is the mother of Nonparty C.

B. On September 20, 201, C newly constructed a building indicated in the attached Table 2 (hereinafter “instant building”) on the Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, Incheon (hereinafter “instant land”), and entered into a construction contract with the Plaintiff with the content that the construction cost of the instant construction site is KRW 120 million and the contract is to be paid to the Plaintiff.

The plaintiff completed the above construction work on November 30, 201 under the above contract.

(hereinafter “instant creative construction”) C.

C concluded a lease contract with respect to 208 and 209 of the instant building as a security for the payment of the cost of creative construction. As to the above 208 on July 13, 2012, the Plaintiff completed the registration of the establishment of a lease on a deposit basis with the amount of 45 million won each in the name of F, a material supplier, as to the above 209, under the name of E that supplies the instant creative construction materials.

On the other hand, on December 2, 2012, the Plaintiff received a payment order against C as of December 2, 2014, with respect to the said construction cost of KRW 30 million, which is part of the said construction cost.

As to the instant land and building owned by C, on June 21, 2012, the registration of creation of a neighboring mortgage under the name of the debtor C, a corporation with the debtor C (hereinafter “the registration of establishment of a neighboring mortgage of this case”), was completed. Since then, the registration of establishment of a neighboring mortgage of this case was completed on September 19, 2014 with regard to the instant right to collateral security of this case under the name of the defendant for the reason of transfer of contract on September 19, 2014.

E. On November 21, 2014, the distribution schedule was formulated with the content that the Defendant received dividends in KRW 488,265,426, in the order of priority on the instant land and building, and the Korea Saemaul Community Depository, which was the senior mortgagee of the instant land, applied for a voluntary auction of real estate to G in this court, and rendered a decision of voluntary auction on December 27, 2013.

Since then C's lawsuit of demurrer against the defendant was filed, the distribution schedule was revised several times.

arrow