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(영문) 수원지방법원 2017.11.10 2016가합77878
배당이의
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The J on July 11, 2006: (a) the establishment and transfer of the instant right to collateral security; (b) on July 11, 2006, the real estate listed in the separate sheet (hereinafter “instant real estate”).

(2) On August 8, 2006, the registration of the establishment of a collateral security was completed on August 8, 2006 by the head of Suwon District Court, the Suwon District Court, the head of Suwon District Court, the 3334, which received on August 9, 2006, and completed the registration of the establishment of a collateral security (hereinafter referred to as the “mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-backed

(2) On April 18, 2013, K Co., Ltd. (hereinafter “K”) and Plaintiff Co., Ltd. entered into a contract to purchase the instant collateral security in KRW 550 million from Do Agricultural Community Credit Cooperatives- to Do Agricultural Community Credit Cooperatives, and the Plaintiff Co., Ltd. paid the down payment of KRW 110 million to the Do Agricultural Community Credit Cooperatives on the same day.

3) On April 23, 2013, Plaintiff Company paid KRW 320 million in total with the purchase price of the instant right to collateral security to the Do Agricultural Community Depository. 4) K, Plaintiff Company, and Defendant H entered into a contract on April 23, 2013 with the acquisition of the instant right to collateral security (right to collateral security) by transfer from the Do Agricultural Community Depository, which acquired KRW 550 million with the instant right to collateral security (right to collateral security). As for the instant real estate, the registration of transfer of the instant right under the name of Plaintiff Company, K, and Defendant H was completed as of April 23, 2013 by the head of Suwon District Court registry office of the Suwon District Court on April 23, 2013.

5 With respect to the instant real estate, the Suwon District Court’s head of Suwon District Court and its registry office, which was received on September 16, 2013, transferred to Defendant H the entire share of K out of the instant collateral security to the ground of transfer of finalized claim on August 29, 2013, and the supplementary registration was completed as of July 31, 2014, which was received on July 31, 2014 on the ground of partial transfer of finalized claim, and as of July 31, 2014, the part of Defendant H’s share of KRW 127.5 million, among the instant collateral security, was transferred to Defendant G, respectively.

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