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(영문) 대구지방법원 2015.05.12 2014가단40586
근저당권말소 등
Text

1. For the plaintiffs:

A. The defendant chemical industry corporation is about the real estate stated in the separate sheet.

Reasons

1. Determination as to the claim against the defendant chemical industry corporation

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Judgment based on the recommendation of confession (Article 208 (3) 2 of the Civil Procedure Act);

2. Judgment on the claim filed by the bankruptcy trustee of the Defendant Bankrupt Korea Deposit Insurance Corporation in bankruptcy against the succeeding intervenor, Dan&C Co., Ltd. and Defendant K&C Co., Ltd.

A. Basic facts 1) On November 9, 1999, the Plaintiffs are real estate listed in the separate sheet (hereinafter “instant real estate”) between Defendant same chemical industry and Defendant same chemical industry company.

A) As to the instant real estate, the Daegu District Court: (a) concluded a mortgage agreement to secure a claim for the amount of goods supplied continuously by the said Defendant; and (b) concluded a mortgage agreement to secure a claim for the amount of goods supplied with the said goods; and (c) concluded a mortgage agreement with respect to the instant real estate under the name of the said Defendant as the receipt of the registration office No. 10596, Nov. 9, 199

(2) On August 18, 2009, the Korea Deposit Insurance Corporation of the Defendant Bankruptcy Bank Co., Ltd. (hereinafter “Korea Deposit Insurance Corporation”) received a seizure order on the aforementioned collateral security claims, and Defendant C&C Co., Ltd. received a seizure order on the above collateral security claims on July 28, 2014, and completed the attachment registration on each of the above collateral security claims.

3) On July 25, 2012, the Korea Deposit Insurance Corporation in bankruptcy of the Defendant Bankrupt Port Joint Finance Corporation (hereinafter “Korea Deposit Insurance Corporation”) transferred the claim against the Defendant Chemical Industry Corporation to the succeeding intervenor of the Korea Deposit Insurance Corporation in bankruptcy of the Defendant Bankrupt Port Joint Finance Corporation (hereinafter “Korea Deposit Insurance Corporation”), and around that time, notified the Defendant Chemical Industry Corporation of the transfer of the above claim. Meanwhile, as of the date of closing argument of the instant case, three years have passed since the last day of supplying the goods to the Plaintiffs.

[Ground of recognition] dispute.

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