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(영문) 수원지방법원 2015.12.29 2015가합2303
배당이의
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On December 3, 2001, the registration of transfer of ownership in the name C with respect to one-half shares of each of the instant real estate and the remaining one-half shares was completed in the name G.

(C) The above C’s 1/2 shares in each of the instant real property are “C shares,” and the said G’s 1/2 shares are “G shares.”

With respect to each of the instant real estate, the registration of creation of a neighboring mortgage, which became the Defendant of the debtor C and the mortgagee, was completed on June 24, 2011, with respect to the maximum debt amount of KRW 390,000,000,000, and the registration of creation of a neighboring mortgage, which became the Defendant of the debtor C and the mortgagee, was completed (hereinafter the Defendant’s aforementioned right to collateral security, and the registration of creation of a neighboring mortgage was completed on June 18, 2014, the maximum debt amount of KRW 156,00,000,000 for the maximum debt amount of KRW 15

(hereinafter) The Defendant’s above right to collateral security is “the second collateral security” and the registration of the establishment of the right to collateral security is “the second collateral security registration”).

On March 26, 2014, the Plaintiff filed a lawsuit against C in the Seoul High Court Decision 2013Na41327, Seoul High Court Decision 2013Na41327 decided that C shall pay to the Plaintiff 421,530,394 won and damages for delay calculated at the rate of 20% per annum from August 17, 2012 to 351,275,328 won, which is the date the judgment of the first instance is rendered, until June 21, 2013, the remaining 70,25,066 won, which is the date the appellate court rendered a judgment, until March 26, 2014, which is the date the judgment of the appellate court rendered that C shall pay the Plaintiff damages for delay calculated at the rate of 351,275,394 won,

(C) The Plaintiff’s claim against C based on the above final judgment (hereinafter “the Plaintiff’s claim”).

On September 5, 2012, the provisional attachment decision (U.S. District Court 2012Kadan102014) was made on September 5, 2012, the provisional attachment registration was completed on September 6, 2012, and on May 16, 2014, the provisional attachment registration was completed to reduce the claim amount to KRW 510,802,446 on the ground of partial revocation of the provisional attachment.

E. The Plaintiff’s share in C.

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