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1. The Plaintiff:
A. Defendant B Co., Ltd. shall be the Gwangju District Court with respect to each real estate listed in the separate sheet.
Reasons
Facts of recognition
The Plaintiff, as the owner of each real estate listed in the separate sheet (hereinafter “instant real estate”), was engaged in freezing food wholesale and retail business in the name of “D”.
On June 2005, the Plaintiff concluded a contract on the credit of goods with Defendant B Co., Ltd. (hereinafter “Defendant B”), and completed on June 13, 2005 the registration of the creation of a joint collateral security (hereinafter “instant collateral security”) with respect to the instant real estate with the maximum debt amount of KRW 20,000,000 with respect to the instant real estate.
On September 21, 2006, Defendant B, based on the guaranty insurance policy submitted by the Plaintiff at the time of the transaction contract for goods on credit, claimed KRW 10,000,000 as the price for goods unpaid to E Co., Ltd., an insurance company, and E Co., Ltd paid KRW 10,000,000 to Defendant B on October 26, 2006.
The Defendant Republic of Korea attached Defendant B’s instant collateral security claim on the ground that Defendant B failed to pay the total amount of 664,05,310 won of national taxes, including value-added tax for the second period of time in 2008, and on March 20, 2009 regarding the registration of establishment of the instant collateral security claim, the additional registration of the attachment of Defendant B’s collateral security claim was completed on March 20, 209.
On March 14, 2016, Defendant C was subject to the attachment decision of the instant collateral security claim against Defendant C by the Daegu District Court Branch Branch of 2015TTT934, and accordingly, on March 21, 2016, the attachment registration of the instant collateral security claim was completed in addition to the attachment registration of the Defendant C’s collateral security claim under the name of Defendant C.
On September 30, 2007, the Plaintiff engaged in the retail business of freezing foods operated as the trade name “D” on September 30, 2007.
On the other hand, as to Defendant B on December 8, 2014, pursuant to Article 520-2(1) of the Commercial Act, the registration of deemed dissolution was completed due to the expiration of the reporting period as of December 1, 2014, and the Commercial Act on December 12, 2017.