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(영문) 인천지방법원 2020.04.10 2019가합63040
배당이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The basic facts

Attached Form

1) E Co., Ltd. (hereinafter referred to as “E”) with respect to each immovable listed in the list.

F) The term “G Association”, the representative director of which was the F, around June 18, 201, is the G Association (hereinafter “G Association”).

(3) At the time of the change into “A” on January 16, 2012, the trade name of the Plaintiff (hereinafter “H”) was changed to “A”).

(2) Each of the real estates listed in the separate sheet owned by the owner (hereinafter “instant real estate”).

(1) Around July 4, 201, an applicant filed an application for a loan of KRW 2,880,000 with the 23 units of the I Center as security, and received the said loan from the G Cooperatives (hereinafter “the first loan”).

(2) On July 4, 201, the Plaintiff and the G Association established a mortgage agreement with respect to the instant real estate as the maximum debt amount of KRW 3,744,00,000 and the debtor E and the right to collateral security (hereinafter “the first mortgage agreement”).

(2) On the same day, the registration of the establishment of a new mortgage was completed on the same day (hereinafter referred to as the “registration of the establishment of a new mortgage on the first place”).

(2) On December 31, 2012, K, a representative of the J Co., Ltd. (hereinafter “J”) filed an application for a loan of KRW 440,00,000 with the International Center 23 units of the instant real estate, etc. as collateral, with the G Association around December 31, 2012, and received the said loan from the G Association on the same day.

(2) On April 30, 2013, the Plaintiff entered into a mortgage agreement (hereinafter “the instant secondary mortgage agreement”) with G Union as the maximum debt amount of KRW 572,00,000 with respect to the instant real estate, as well as the mortgage agreement with the debtor J and the mortgagee; and the instant primary mortgage agreement (hereinafter “the instant primary mortgage agreement”). On the same day, the Plaintiff entered into a mortgage agreement with G Union on April 30, 2013, and completed the establishment of a mortgage for the reasons of the instant agreement.

The registration of the establishment of the second place of the instant case was "the establishment of the establishment of the second place of the instant case," and "the registration of the establishment of the establishment of the first place of the instant case."

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