logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원고양지원 2015.11.20 2015가합71993
가압류등기말소절차 이행
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Nonparty N,O, and P completed the registration of establishment of a collateral security (hereinafter “instant registration of collateral security”) between theO, etc. and the above clan on December 20, 209 with respect to each of the real estate listed in the separate list as its executive officers on December 24, 2009 as the grounds for the establishment of a collateral security agreement between the above clans and the above clans, as the high-income registry No. 2,093,000,000 won received on December 24, 2009, and as the debtor Qu Heavy, the debtor Qu branch, N,O, and P’s establishment of a collateral security agreement (hereinafter “instant registration”).

B. On February 6, 2012, the Defendant received a provisional attachment order of KRW 400,000,000 from the court of this case, which issued a claim amounting to KRW 200,000,00 with respect to the above O’s share in the right to collateral security. The provisional attachment registration was completed on March 2, 2012.

C. On November 21, 2014, the Plaintiffs filed a lawsuit against N,O, and P for revocation of a fraudulent act (Seoul Eastern District Court 2014Gahap10517) and filed a mortgage contract concluded on December 20, 209 between N,O, P, and Qu Heavy Association with respect to each real estate listed in the attached list, and revoked the mortgage contract concluded on December 20, 209, and N,O, and P were finally finalized on December 12, 2014 (hereinafter “instant judgment”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 4 (including branch numbers for those with additional numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. According to the judgment of the plaintiffs' assertion, the registration of the instant right to collateral security is null and void as a registration without permission. Thus, the registration of the defendant who attached the claim of the right to collateral security of O among the said right to collateral security holders is also null and void.

Therefore, the Defendant seeks consent to the cancellation registration of the instant collateral security registration.

3. The revocation of a fraudulent act by the parties to the revocation suit has relatively effect between the parties to the revocation suit, and any third party other than the parties has the legal relationship due to the revocation, unless there are other special circumstances.

arrow