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(영문) 부산지방법원 2020.01.16 2019가단312254
배당이의
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The Defendant’s collateral security 1) I Co., Ltd. (hereinafter “I”).

B) Around July 18, 2016, a loan of KRW 200,000 (hereinafter “instant loan”) between J and J (hereinafter “instant loan”).

(2) The term “instant loan agreement” (hereinafter referred to as “instant loan agreement”)

2) After the conclusion of the judgment of the court, the court below erred by misapprehending the legal principles of the court below and failing to exhaust all necessary deliberations, as alleged in the ground of appeal.

(C) As to the establishment registration of a mortgage on July 18, 2016, Busan District Court Decision 240,000,000 won with the maximum debt amount received on July 18, 2016, and the establishment registration of a mortgage on the part of the debtor J (hereinafter “the Defendant’s right to collateral security”).

(2) On June 22, 2018, the Defendant subrogated to I for the secured obligation of the Defendant’s right to collateral security, and completed the registration of transfer of the right to collateral security with the Busan District Court’s Busan District Court’s registration office on June 22, 2018 as to the Defendant’s right to collateral security as the Defendant was received on June 22, 2018.

3) M Co., Ltd. (hereinafter “M”)

(B) As to the instant real estate, Busan District Court’s Busan District Court’s Busan District Court’s registry office, on June 22, 2018, completed the registration of the pledge of the right to collateral security (240,000,000 won on the part of the Defendant) and the registration of the pledge of the right to collateral security (240,000 won on the part of the Defendant) on the part of the Defendant. (B) The Plaintiff Company N (B) changed its trade name to “stock Co., Ltd.O”) with respect to the instant real estate as the Busan District Court’s Busan District Court’s registry office (48018, August 11, 2017, the maximum debt amount of KRW 57,60,000, and the registration of the establishment of the right to collateral security (hereinafter “the Plaintiff’

2) On December 21, 2018, the Plaintiff entered into an asset acquisition agreement with PO, and completed the registration of transfer of the right to collateral security with the Plaintiff as the Busan District Court’s Busan District Court registry No. 65057, Dec. 21, 2018. 3) G Co., Ltd (hereinafter “G”) and H (hereinafter “H”) on the part of the Plaintiff.

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