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(영문) 청주지방법원충주지원 2017.08.10 2016가합431
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. Registration details 1) Each real estate listed in the separate sheet (hereinafter collectively referred to as “instant real estate”).

The provisional registration of ownership transfer in the name of H on May 2, 2012 with respect to each of the lands listed in paragraphs (1) and (2) was completed on April 25, 2012 with respect to the buildings listed in paragraphs (3) and the registration of ownership transfer in the name of H on April 25, 2012. (2) On June 1, 2012, the provisional registration of the right to claim ownership transfer in the name of I and J (hereinafter “the provisional registration of this case”).

On June 29, 2012, the Defendant received a decision of provisional seizure of KRW 800,000,000 (hereinafter “provisional seizure of this case”) with respect to the shares of the I in relation to the ownership transfer claim based on the provisional registration of this case, and completed the supplementary registration of the provisional seizure on August 7, 2012.

With respect to the provisional registration of this case, on December 6, 2012, the additional registration prior to the right to claim ownership transfer was completed in the name of the limited company K, and on June 4, 2013, the ownership transfer registration in the name of K limited company was completed.

3) On June 4, 2013, with respect to the instant real estate, the additional registration of partial transfer of a right to collateral security was completed on the Plaintiff’s name on August 21, 2015 with respect to the registration of creation of a right to collateral security under the name of the Plaintiff, the registration of creation of a right to collateral security in the name of the L, the maximum debt amount of KRW 500,000,000,000, and the registration of creation of a right to collateral security in the name of the L, and in the name of the M, the registration of creation of a right to collateral security in the name of the Plaintiff was completed on August 19, 2014. (B) As to the instant real estate under the name of the said M, the additional registration of partial transfer of collateral security was completed on August 26, 2014 with respect to the registration of creation of a right to collateral security under the name of the Plaintiff.

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