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(영문) 인천지방법원부천지원 2015.02.11 2014가단33835
부당이득금 반환
Text

1. The defendant shall transfer to the plaintiff the claim for dividend payment stated in the attached bond list, and shall have jurisdiction over the Republic of Korea.

Reasons

1. Basic facts

A. 1) C on May 28, 2004, indicated on the attached list No. 1 (hereinafter referred to as “the attached list”) as C on May 28, 2004 by specifying each real estate listed in the attached list No. 1 to 8 as its number.

On May 25, 2004, the ownership transfer security registration was completed on the ground of the promise to return the substitute. 2) C, E, on December 29, 2006, completed the registration of the establishment of the neighboring mortgage, which is the maximum debt amount of 4,500,000,000 won, and the debtor F, Inc. (hereinafter “F”).

3) On September 21, 2007, the Plaintiff obtained a decision of provisional seizure No. 2007Kadan2600 on November 21, 2007 (the claimed amount of KRW 57,500,00) with respect to each of the above real estate as a joint mortgaged object, and the registration of provisional seizure was completed on the same day with respect to each of the above real estate as a joint mortgaged object, G on November 21, 2007.

5) On June 12, 2008, the Defendant jointly mortgaged each of the above immovables as the jointly mortgaged object, and completed the registration of creation of a mortgage over the maximum debt amount of 3,00,000,000,000 and the debtor FF. 6) H, etc. on October 1, 2010, upon receipt of a provisional seizure order (201,770,000 won) by the Gwangju District Court 201Kadan7459 (the claimed amount of 21,70,000 won) as to the immovables as to the execution and preservation of the claim against F. 3, 2010, and completed the registration of provisional seizure as to the immovables on October 4, 2010.

B. 1) On November 12, 2009, K received a decision to commence compulsory sale of real estate from No. 1 to No. 4, 2009 by Jeonju District Court’s Gunsan Branch. 2) On July 8, 2010, K received a decision to commence compulsory sale of real estate from the above court M on July 1, 2010, 9/100 of shares (as for 1/100 of shares among the first real estate owned by D, ownership transfer registration was completed in L’s name on May 12, 2010) and 2, 3, 5, or 8 real estate.

3 N on August 5, 2010, with respect to real estate 99/100 of shares in No. 1 real estate and 2 through 8, the above court.

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