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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On May 29, 2012, the Plaintiff’s summary of the Plaintiff’s assertion is the movable property indicated in the attached Table 3 [the Seoul Songpa-gu 936 Mobrooping site (hereinafter “instant site”) owned by Kuwon C Co., Ltd. (hereinafter “C,” and the entry of “Co., Ltd.” is omitted for other companies).
2) As to H H H H 161.035t, a security interest was created.
After the commencement of the rehabilitation procedure for KIC, the rehabilitation secured creditor list entered the defendant Korean Capital as the mortgagee on the "H-Beam 250.5t in the present site".
However, Defendant Korea Capital is a mortgagee of H-Beam at a place other than the instant site (on the other side of the Jinwon Jin-gun, the other side of the Dinwon) and there is only the transfer security of the Plaintiff at the instant site.
Therefore, the Plaintiff, against the Defendants, sought confirmation from the mortgagee on the movable property listed in the separate sheet No. 3 list.
2. Determination
A. The entry of the rehabilitation secured creditor list of the rights acknowledged pursuant to the rehabilitation plan, based on the rehabilitation security right for the part of the rehabilitation security right against the administrator A and the defendant Korean Capital Capital, by the defendant and the rehabilitation secured creditor, has the same effect as a final judgment on the debtor and the rehabilitation secured creditor at
(1) Under the Debtor Rehabilitation and Bankruptcy Act (Article 255(1) of the Debtor Rehabilitation and Bankruptcy Act), the rehabilitation secured creditor list with respect to the rehabilitation plan under the premise of the rehabilitation plan, was prepared by the KNF Capital and the rehabilitation secured creditor list with respect to “H-Baam 250.5t in the instant site” to the Defendant KNF Capital, and the “Plaintiff” was prepared in the instant site and another site, with respect to “H-Baam 250.5t in the instant site,” and the “H-Baam 254t in the instant site,” and the “H-Bagle 274.023t in the HH lecture and 18.48t in the poppy (attached Form 1, 2, and 3 list of movable properties). The said authorization decision was finalized as is.
Therefore, the Plaintiff and the Defendants.