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(영문) 서울중앙지방법원 2018.04.13 2017가합23030
공탁금출급청구권확인 청구
Text

1. Each claim against Defendant C and D among the instant lawsuits is dismissed.

2. Defendant D on May 2017 between the Plaintiff and Defendant B.

Reasons

1. Facts of recognition;

A. On November 27, 2009, in order to conduct a business of newly constructing and selling housing on the land listed in [Attachment List Nos. 1 and 2 (hereinafter “instant land”), Nonparty E purchased the land listed in [Attachment List No. 1] from Defendant D on November 27, 2009, and completed the registration of ownership transfer thereof. Thereafter, Nonparty E newly constructed a building listed in [Attachment List No. 3 (hereinafter “instant building”) on the ground of the instant land and completed the registration of ownership preservation thereof on June 22, 2010.

B. E created funds necessary for the instant project through the Plaintiff, Defendant B, etc., and as a security, the Plaintiff and Defendant B, the representative of the creditor of the instant land, set up a collateral of KRW 1.35 billion with the maximum debt amount of KRW 1.55 million with the 30813,00,000,000,000,000,000,000,0000,000,000,000 won with respect to the instant land. Upon completion of the instant building, Defendant B created an additional collateral of KRW 11.589,000 with respect to the instant building on June 30, 2010 with the same registry office (hereinafter “the partial collateral collateral on the building”).

C. Meanwhile, on November 18, 2010, at the request of Defendant C, one of the creditors, the Plaintiff and Defendant B transferred to Defendant C part of the secured debt of the part of the right to collateral security (the transferred amount to KRW 90 million) and completed the registration of partial transfer of the right to collateral security as of November 18, 2010 received on November 18, 2010 by the same registry office.

(hereinafter) Of the land portion collateral security, the remaining collateral security remains in the Plaintiff and Defendant B, and the remaining collateral security transferred to Defendant C is referred to as the “instant prior collateral security”).

However, as the instant project does not run smoothly, so the collection of claims by the Plaintiff, Defendant B, etc. is unsatisfyed, the Plaintiff, Defendant B, and D are listed in the separate sheet from Defendant D on March 21, 2012.

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