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(영문) 의정부지방법원 2017.10.18 2016가합54374
배당이의
Text

1. Each claim against the Defendants by the Plaintiff Youngdong Corporation, Co., Ltd., and the Defendants by Plaintiff A respectively.

Reasons

1. Basic facts

A. The registration of the establishment of a mortgage in the name of I and the supplementary registration 1 of the transfer of mortgage in the name of the Defendants) I are each real estate listed in the separate sheet, which is owned by G or H on January 16, 2014 (hereinafter “instant real estate”).

Of the instant real property, three parcels, such as J 29m2, K 48m2, L 573m2, among the instant real property, were combined on February 21, 2017, and L 650m2.

2) As to the registration of the establishment of a mortgage, the registration of the establishment of a mortgage between the obligor G and H was completed (hereinafter “mortgage-mortgage-mortgage-mortgage-mortgage-mortgage”) with respect to the Gu Government District Court No. 952, 200,000 won with the maximum debt amount

(2) On March 18, 2014, I concluded a claim transfer and takeover agreement between the Defendants and the Defendants to transfer the principal and interest of the loan to G and H as of January 16, 2014, and a mortgage transfer agreement to transfer the instant mortgage. On the same day, I notified G and H of the transfer of the principal and interest of the loan by content-certified mail, and the notification reached March 19, 2014, respectively.

3) On March 18, 2014, the Defendants completed the additional registration of the transfer of the right to collateral security on the instant real estate under the name of I as to the right to collateral security, which was completed on the same day. (B) The Plaintiff, Youngcheon-gu, Inc. and the Young-gu, Inc., Ltd. (hereinafter “Plaintiff Young-dong,”) obtained a decision of provisional seizure on the remaining real estate on October 17, 2014, excluding No. 1,2,3 and 24 as indicated in the separate list of the instant real estate, and completed the provisional seizure registration on the same day.

Plaintiff

The Young Dong-dong theory filed a lawsuit against G and H seeking the rent of 94,616,00 won for construction materials and damages for delay from the Suwon District Court No. 2015da4810, Jul. 28, 2015.

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