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1. D’s deposit with the Chuncheon District Court No. 1254 of 2016 on August 31, 2016 for KRW 150 million.
Reasons
1. Basic facts
A. On May 6, 2013, the registration of the establishment of a neighboring mortgage (hereinafter “registration of the establishment of a neighboring mortgage”) with respect to the attached real estate owned by D was completed on May 6, 2013 by the maximum debt amount of KRW 150 million, D, and Defendant B.
B. Regarding the registration of the establishment of a neighboring mortgage in the instant case, the registration of the establishment of a right to collateral security under the Plaintiff’s name was completed as of November 30, 2015, No. 59798, which was received on November 30, 2015, with respect to the registration of the establishment of a right to collateral security under the Plaintiff’s name, as of November 30, 2015, the registration of the establishment of a right to collateral security under the Plaintiff’s name was completed.
(hereinafter “instant right to collateral security”). C.
On March 16, 2016, Defendant B received a provisional disposition of prohibiting the disposal of the instant right to collateral security under the Plaintiff’s name as the Suwon District Court Branch Branch Decision 2016Kadan100326, and upon commission of the aforementioned decision, Defendant B entered the additional registration of the establishment of the said right to collateral security under the name of Defendant B as of March 21, 2016, No. 8991, which was received on March 21, 2016.
D On August 31, 2016, on the ground that the creditor cannot be identified without negligence, the deposited person was designated as the Plaintiff and the Defendants, and the Chuncheon District Court deposited the deposit (hereinafter “instant deposit”) with the maximum debt amount of KRW 150 million,000,000,000,000 for the establishment registration of the creation of a neighboring mortgage in the instant case, as the gold No. 1254 in 20
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 10 (including additional evidence number), Eul evidence Nos. 1 and 2, the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff loaned money to Defendant C, and completed the registration of the pledge in the supplementary registration of the transfer of the right to collateral security in Defendant C’s name, which was established on the instant real estate as a security, so the right to claim the payment of the instant deposit is against the Plaintiff.
B. The Plaintiff and Defendant C, which are the cause of the secured debt of the right to collateral security of this case.