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(영문) 수원지방법원안산지원 2015.09.25 2014가단28305
배당이의
Text

1. Of the instant lawsuit, the part regarding the claim for correction of the second-order dividend amount against the Defendant is dismissed.

2. The Suwon District Court.

Reasons

1. Basic facts

A. On May 26, 2003, the Plaintiff and D entered into a sales contract on the 1950 square meters of land in E and Sii-si, Sii-si (hereinafter “instant real estate”). On July 2, 2003, the Plaintiff and D completed the registration of ownership transfer in the Plaintiff’s name as to the instant real estate.

On July 2, 2003, the Plaintiff and D completed the registration of creation of a neighboring mortgage with respect to the instant real estate as the maximum debt amount of KRW 200,000,000, the debtor, the debtor, and the mortgagee D.

(hereinafter the above right to collateral security (hereinafter “instant right to collateral security”) B.

The Defendant received from D on January 15, 2008 the registration of the pledge right on the instant right to collateral security (hereinafter “instant right to collateral security”) from D on the ground of the contract which was concluded on January 15, 2008, the amount of claim of KRW 200,000,000 for the debtor G, and the registration of the pledge right

(2) On February 24, 2011, the Defendant issued a seizure collection order (hereinafter “instant seizure collection order”) with respect to D’s claim against D’s Plaintiff based on the instant pledge on February 24, 2011.

C. D filed a lawsuit against the Defendant on the claim for cancellation of the registration of the pledge of this case under the Suwon District Court’s Ansan Branch 201Gadan41826.

On July 17, 2012, the above court rendered a judgment that "the defendant shall receive the amount of KRW 100,000,000 from D and the amount calculated at the rate of 12.5% per annum from March 29, 2009 to the date of full payment, and then D shall execute the procedure for cancelling the registration of the pledge of this case."

Although D appealed with Suwon District Court No. 2012Na29141, on February 8, 2013, the dismissal of appeal was sentenced on February 8, 2013, which became final and conclusive around that time.

The Defendant filed a lawsuit against the Plaintiff, such as seeking the payment of the instant collateral security claim, which was the object of the instant pledge by the Incheon District Court Branch Branch Office 2013Gadan23213, and the said court rendered the said claim on November 29, 2013.

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