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(영문) 수원지방법원 평택지원 2018.04.18 2017가합9215
배당이의
Text

1. All of the plaintiffs' lawsuits against the defendants are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiff B was the owner of Pyeongtaek-si G forest land 664 square meters (hereinafter “instant land”).

B. As to the instant land on May 31, 2013, Defendant E’s H&C completed the registration of creation of a right to collateral security with the maximum debt amount of KRW 429,00,000, and KRW 100 (hereinafter “instant right to collateral security”), Defendant E’s H&C completed the registration of creation of a right to collateral security with the debtor B, the maximum debt amount of KRW 390,000 with respect to the instant land on the same day.

(hereinafter “instant collateral security”). Defendant E completed the registration of transfer of collateral security on September 22, 2015 with respect to the instant collateral security Nos. 1 and 2, on September 22, 2015.

C. On September 22, 2015, Defendant C acquired the right to collateral security by Defendant C with regard to the instant right to collateral security on the ground that Defendant E and the amount of the claim KRW 429,00,000 regarding the instant right to collateral security was additionally registered with regard to the instant right to collateral security. As to the instant right to collateral security, Defendant C completed the additional registration with regard to the instant right to collateral security with KRW 390,000,000 with regard to Defendant E and the amount of the claim.

However, Defendant C did not notify the Plaintiff B of the establishment of the pledge right.

On May 4, 2016, upon Defendant E’s application, the voluntary auction procedure for the instant land (U.S. District Court FF, hereinafter “instant auction procedure”) was initiated.

E. On June 30, 2016, Plaintiff A received a provisional attachment decision regarding each of the instant collateral security claims of Defendant E (hereinafter “instant provisional attachment decision”) with the Suwon District Court 2016Kadan100412, with regard to the claim claim amounting to KRW 350,00,000, and the said provisional attachment decision was served on Plaintiff B on July 15, 2016.

Plaintiff

A In the instant auction procedure, on July 11, 2016, attached with the instant provisional attachment order, “A rendered a final decision on provisional attachment of claims against the collateral security rights of the instant real estate.” In consideration of this, A shall be subject to the prime time.

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