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(영문) 전주지방법원정읍지원 2017.11.08 2017가합129
배당이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. 1) Each real estate listed in the separate sheet (hereinafter “each real estate of this case”) in the separate sheet

) Nonparty E was owned by Nonparty E. The Industrial Bank of Korea, as indicated in the separate sheet, owned by Nonparty E, respectively (hereinafter “each of the instant collateral mortgages”) with respect to subparagraphs 1 through 6, and 2013-60 of the list of Article 6 of the Act on Mortgage on Factories and Mining Foundations, including each of the instant real estate, as indicated in the separate sheet, the sum of the maximum debt amount is KRW 1976 million.

(2) On March 19, 2014, the non-party Credit Guarantee Fund was established with respect to the right to collateral security (hereinafter “the right to collateral security (hereinafter “the right to collateral security”) regarding subparagraph 6 of the above list and received the registration of partial transfer of collateral security (hereinafter “the right to collateral security”) from the Industrial Bank of Korea within the scope of KRW 38,595,682 on January 17, 2014 on the part of the right to collateral security (hereinafter “the right to collateral security (hereinafter “the right to collateral security”) on the part of the right to collateral security (hereinafter “the right to collateral security”) on the part of the right to collateral security (hereinafter “the right to collateral security (hereinafter “the right to collateral security”) on the part of the right to collateral security (hereinafter “the right to collateral security”). The Plaintiff received from E on July 11, 2014, the right to collateral security (hereinafter “the right to collateral security”) and the right to collateral security (hereinafter “the right to collateral security”).

3) Meanwhile, during the instant auction procedure, the Industrial Bank of Korea transferred each of the instant secured claims to the Defendant. (B) On May 18, 2015, the Defendant entered into a contract on partial transfer of the right to collateral security and the right to collateral security between the Defendant and G, the spouse of the Plaintiff’s representative director H, and Nonparty G, the spouse of H, around May 18, 2015, with respect to the instant auction procedure (hereinafter “instant transfer contract”).

(1) The contract is concluded, and its main content is as follows. The transferee of a part of the claim assignment contract (hereinafter referred to as G) refers to G:

(1) The transferor (hereinafter referred to as the “Defendant”).

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