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(영문) 서울동부지방법원 2019.04.11 2018가합101251
배당이의
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff’s claim (1) E Co., Ltd. (hereinafter “E”), on August 18, 2005, leased KRW 30,000,000 to G Co., Ltd. (hereinafter “G”) at an interest rate of 4.5%, overdue interest rate of 18.86%, and due date of payment of h on August 18, 2006, respectively, with a comprehensive collateral guarantee of KRW 36,000,000,000,000.

(2) On October 21, 2008, E filed an application for provisional seizure against H on real estate of KRW 3,000,000,000 with respect to the claim amount against H as Seoul Central District Court 2018Kadan94629 (hereinafter “instant real estate”) against the debtor H as to the Songpa-gu I and fourth floor J of Songpa-gu Seoul District Court (hereinafter “instant real estate”). The above court completed the provisional seizure against the instant real estate on the same day as the above application was accepted on October 27, 2008.

(3) On December 8, 2011, the Plaintiff received the above loan claims from E, and E notified G of the assignment of claims on the same day.

B. On September 2, 2008, K established the first right to collateral security (hereinafter “the first right to collateral security”) of the Defendants on September 1, 2008 on the instant real estate on the ground of the contract to collateral security (hereinafter “the instant right to collateral security”) and Defendant B completed the registration of transfer of the first right to collateral security (hereinafter “the instant right to collateral security”) from K on the ground of transfer of the contract from K on the same day.

(2) On the other hand, on September 2, 2008, K established the right to collateral security (hereinafter “instant right to collateral security”) (hereinafter “instant right to collateral security”) for the debtor H and the maximum debt amount of 120,000,000 on the ground of the contract to collateral security on September 1, 2008.

(3) K is the wife of H M, and Defendant B is the children of H.

(4) Defendant C on September 29, 2008: (a) on the instant real estate on September 26, 2008, on the ground of a contract establishing a right to collateral security on September 26, 2008, the maximum amount of the debt is 250,000,000.

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