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(영문) 대구지방법원 경주지원 2017.03.17 2016가합2550
제3자이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On September 16, 2011, B Co., Ltd. (hereinafter “B”) awarded a successful bid for each real estate listed in the separate sheet (hereinafter “instant real estate”) in the auction procedure for real estate rent, and completed the registration of ownership transfer based thereon on the same day.

B. On October 19, 2012, between B and B, the Plaintiff entered into a sales contract with each of the machinery and appliances listed in the separate sheet (hereinafter “instant machinery”) and one of the learning lines at KRW 187,00,000,000. The instant machinery was handed over by means of possession revision.

C. C (hereinafter “C”) purchased the instant real estate and the instant machinery from B around January 20, 2014, and completed the registration of ownership transfer on February 19, 2014 with respect to the instant real estate on the grounds of sale.

C On February 19, 2014, the registration of the establishment of a neighboring mortgage (hereinafter “the establishment of a neighboring mortgage”) was completed with respect to the instant real estate to the Busan District Court, Busan District Court, Inc. (hereinafter “Usan Bank”), with the maximum debt amount of KRW 2,880,000,000, under Article 8725, which was received on February 19, 2014, and the instant machinery was entered in the list D under Article 6 of the Factory and Mining Foundation Mortgage Mortgage Act.

E. Based on the registration of the establishment of the instant real estate and the instant machinery, the Busan District Court filed an application for the auction of the real estate rent to Daegu District Court and Daejeon District Court E (hereinafter “the instant voluntary auction”). On July 20, 2015, Daegu District Court and Daejeon District Court and Daejeon District Court rendered a decision to commence the auction of the instant real estate and the instant machinery.

F. The Defendant acquired the instant collateral security and its secured claim from the Busan Bank.

[Reasons for Recognition] Facts without dispute, Gap's statements in Gap's 1 to 4, 9, 10 (including branch numbers, if any) and the purport of the whole pleadings

2. The Plaintiff’s assertion is from B before B sells the instant machine to C.

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