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(영문) 의정부지방법원 2017.04.06 2016가단117810
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. B’s establishment of a mortgage contract with the Defendant and the establishment of a mortgage registration (1) B) is KRW 30,00,000,000 from the Defendant on November 29, 201 (hereinafter “one loan obligation”).

) On December 19, 201, KRW 100,000,00 (hereinafter “the second loan obligation”)

(2) On December 19, 201, B entered into a mortgage agreement between the Defendant and B as to each real estate indicated in the separate sheet (hereinafter “mortgage agreement”) with the debtor B, the mortgagee, the maximum debt amount, and the maximum debt amount of 120,000,000 won as to each real estate in order to secure the present and future obligations due to the “transaction of loans between small and medium enterprises” including the above loan obligations between the Defendant and B, and completed the registration of establishment of a collateral security agreement as mentioned above on the same day.

B. On June 25, 2012, the Defendant and C were converted into the said corporation on June 25, 2012 (a personal enterprise operated by B) and C (a private enterprise).

hereinafter referred to as “C”

B) B’s 1,200,000 won was reduced by KRW 80,00,000 on December 20, 2012 between C and C. Accordingly, C agreed to take over the debtor’s status under the aforementioned mortgage contract. On the same day, C had made registration of change of the right to collateral security on the ground of acceptance of the above contract regarding the registration of establishment of a mortgage prior to the above contract. (2) On December 28, 2012, the Defendant increased the limit on loan transaction of the first loan obligation between C and C, and reduced the limit on loan transaction of the second loan obligation to KRW 80,000 on December 20, 2012, and B guaranteed each of the changed loans obligation as above.

C. On October 18, 2012, the Defendant entered into a contract with C for the alteration of the right to collateral security and for alteration of the right to collateral security (hereinafter “instant alteration contract”) with C, which reduces the maximum debt amount of the said right to collateral security to KRW 96,00,000, and on the same day.

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