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(영문) 인천지방법원 2015.11.18 2015가단31055
배당이의의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. As Nonparty D’s creditor on November 17, 2009, Nonparty 2 completed the registration of the establishment of a mortgage (hereinafter “instant mortgage”) or the registration of the establishment of a mortgage (hereinafter “the instant mortgage”) consisting of KRW 65,00,000 with respect to Nonparty D’s creditor, Seo-gu Incheon Seo-gu, Incheon Family Cooperatives, which owned D on November 17, 2009 (hereinafter “instant real estate”). Nonparty 2 completed the registration of the establishment of a mortgage (hereinafter “the instant mortgage”) and the F purchased the instant real estate from D on October 21, 201 and completed the registration of the ownership transfer on December 1, 201, to take over the debt owed to D’s Incheon Fisheries Cooperatives from D on December 31, 2012 and to take over the position of contractor under the loan agreement between Incheon Fisheries Cooperatives and the Incheon Fisheries Cooperatives. Accordingly, Nonparty 2 completed the registration of change from D’s debtor to D’s mortgage.

After July 1, 2014, the registration of the establishment of the right to collateral security of this case was completed from the Incheon Fisheries Cooperatives on July 1, 2014 in the future between the corporation and the business, and the registration of the establishment of the right to collateral security of this case was completed on the ground that the transfer of the right to collateral security was made on June 27, 2014. The savings bank collected the amount of claims 65,000,000 won on the same day, and the debtor corporation and the business Eenna on the same day. In addition, the registration of the establishment of the right to collateral security of this case was completed from the Incheon Fisheries Cooperatives on the same day by the plaintiff on June 27, 2014.

B. On March 3, 2011, the Defendant entered into a lease agreement with D on the condition that the instant real estate will be leased with a fixed term from March 20, 201 to March 20, 201 (hereinafter “instant lease agreement”). When the owner of the instant real estate changed to F, the F owner would take over the instant lease agreement with the change of ownership on January 31, 201.

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