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(영문) 대전지방법원천안지원 2017.07.21 2016가합102330
제3자이의
Text

1. On December 2, 2014, the Defendant: (a) on the corporeal movables indicated in the attached Form 2’s “Indication of Ccorporeal Movables”; (b) the Daejeon District Court’s Branch Branch Branch Branch

Reasons

1. Basic facts

A. On July 5, 2012, the Plaintiff (i.e., withdrawal; hereinafter “Plaintiff”) concluded a mortgage agreement with Company A (hereinafter “instant company”) on the pretext of “loan of Facility Funds for Small and Medium Enterprises and Loan of Funds for Small and Medium Enterprises” with respect to the amount of all debts owed by the instant company to the Plaintiff at present and in the future against the Plaintiff as a collateral obligation, with respect to the amount of 7,650 square meters prior to Asan City, B, 32,000 square meters prior to C forest land, 1,529 square meters, and 479 square meters of D forest land as a collateral obligation.

Then, on October 14, 2013, the Plaintiff prepared a list of corporeal movables, such as the oil pressure presses, installed at the instant factory on July 28, 2014, with respect to the water transformation equipment installed at the instant factory (hereinafter “factory Mortgage Act”). On September 2, 2014, the Plaintiff added 37 corporeal movables, such as the corporeal presses, installed at the instant factory, to the said list, on which the instant factory was established, as well as the corporeal movables indicated in attached Form 1 “Indication of corporeal Movables” (hereinafter “instant corporeal movables”).

B. On July 24, 2014, the Plaintiff loaned KRW 495,000,000 to the instant company as “loan for small and medium enterprise facility funds.”

C. On December 11, 2014, the Defendant, from the deceased E, the representative director of the instant company (hereinafter “the deceased”), set up a collateral security right on the corporeal movables indicated in attached Table 2 (the same as the corporeal movables No. 1 in this case) as indicated in attached Table 2, with respect to the corporeal movables (the subsequent determination is made; hereinafter “instant corporeal movables No. 2 in convenience”), 432,00,000 won with respect to the maximum debt amount, 5 years from December 11, 2014, and 1 of the Disposition No. 1 in which the debtor was the deceased.

On April 4, 2016, the Defendant applied for an auction of the corporeal movables No. 2 in the instant case based on the above collateral security.

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