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(영문) 의정부지방법원 2016.02.03 2015가합1274
제3자이의
Text

1. The plaintiff (Counterclaim defendant)'s conjunctive claim shall be dismissed.

2.(a)

Plaintiff (Counterclaim Defendant) and B.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

Around July 2013, the Defendant entered into a loan agreement between the Defendant’s right to collateral security and the auction of the instant case with B Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) and the limited amount of KRW 665 million, and extended a total of KRW 665 million to the Nonparty Co., Ltd. from around that time to January 3, 2014.

On July 17, 2013, the establishment registration of the right to collateral security (hereinafter “instant right to collateral security”) was completed with respect to the machinery and equipment in the above factory building, which are owned by the non-party company, and the three lots of land and three buildings (hereinafter “the instant factory site and building”), including D, 1,483 square meters, which are owned by the non-party company, as well as D, 1,483 square meters, where the factory site and the building are located, with the debt of the relevant loan as the secured debt. The list (E) prescribed in Article 6 of the Act on Mortgage on Factories and Mining Foundations was prepared with respect to the machinery and equipment in the above factory building.

On April 11, 2014, each movable listed in the separate sheet (hereinafter “each movable of this case”) was added to the above list.

On October 1, 2014, the Defendant applied for voluntary auction on the instant factory site, building, and each movable property of the instant case, based on the instant right to collateral security, to the Jung-gu District Court C, and the said court decided to commence the auction procedure on October 2, 2014.

(hereinafter “instant auction”). On March 12, 2015, the instant auction procedure was suspended upon the Plaintiff’s request for suspension of compulsory execution.

(2) The Plaintiff recognized the transfer of each of the instant movable property to the Plaintiff by transferring the security for transfer of each of the instant movable property and by transferring the security for transfer of the Plaintiff’s debt amounting to KRW 454,542,200, which the Nonparty Company is obligated to pay to the Plaintiff.

Article 2 The non-party company shall pay to the Plaintiff the above debt amounting to KRW 454,542,200, but the non-party company shall first offer each of the movables owned by the non-party company as security for lending money, and the method of offering security shall be

Article 3 In the event that the non-party company later pays to the Plaintiff KRW 454,542,200, the transfer contract is made.

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