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(영문) 전주지방법원 2020.02.19 2019가합2628
회생채권조사확정재판에관한추완이의의 소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. B, on March 13, 2017, filed an application for commencement of rehabilitation procedures with the Jeonju District Court 2017 Joint2, and on April 27, 2017, the period of inspection of rehabilitation claims and rehabilitation security rights from the said court was decided to commence rehabilitation procedures from June 4, 2017 to June 29, 2017, and the Defendant was appointed as the administrator who is the legal guardian.

B. On October 11, 2007, the Defendant completed each registration of ownership transfer on 1/10 of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”), on November 10, 2016, on 9/10 of the real estate listed in the separate sheet Nos. 2 through 4, and on 9/10 of the real estate listed in the separate sheet No. 150, on November 15, 2016.

C. The Plaintiff became a mortgagee of the instant real estate on September 13, 2016 following the following lapse.

(1) On January 3, 2006, the registration of establishment of each of the instant real property was completed on each of the following dates: (a) on September 19, 2006, the debtor and the right to collateral security, each of which is KRW 600 million with the debtor limited liability company D, the mortgagee E, and the maximum debt amount; (b) on September 19, 2006, the debtor and the right

B. On August 8, 2016, the Defendant completed the supplementary registration of the transfer of the right to collateral security on the ground of the payment by subrogation of finalized claim regarding each of the above right to collateral security.

On the other hand, on October 11, 2007, the Defendant completed the registration of ownership transfer with respect to 1/10 shares out of each of the instant real estate. As such, on August 18, 2016, the Defendant completed the additional registration of each of the changes in the right to collateral security on the ground of the renunciation of the right to collateral security on 1/10 shares out of each of the instant real estate

Article 8036 and Article 8037 (Article 8037) (Article 8037) of the Jeonju District Court’s Jinan District Court’s receipt of the same day on September 13, 2016, the Plaintiff is not more than the additional registration of the transfer of the right to collateral security with respect to each of the above real property regarding the share of 9/10 of the maximum debt amount among the above collateral security (Article 400 million maximum debt amount).

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