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(영문) 수원지방법원 2019.12.12 2019가합18511
채권조사확정재판에 대한 이의의 소
Text

1. The Suwon District Court shall authorize the judgment in claim allowance proceedings for rehabilitation security rights (No. 2018.64) dated May 8, 2019;

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. The debtor C Foundation (hereinafter “debtor Foundation”) is an unincorporated foundation established for the purpose of establishing and operating charnel facilities on March 29, 2005, and the plaintiff A was the representative of the debtor foundation, and the plaintiff B was the Dong Office of E, and the Dong Office of E.

B. On August 14, 2012, the debtor foundation entered into a contract to establish a right to collateral security (hereinafter “instant right to collateral security”) with regard to each real estate recorded in the separate sheet in order to secure the debtor foundation’s obligations, such as a certificate of borrowing, a certificate of payment, and a certificate of payment, which was, or will be, currently or will be, borne by the plaintiffs, within the limit of KRW 2 billion, and to secure all obligations arising from the payment of bills and checks or commercial transactions, and completed the contract to establish a right to collateral security (hereinafter “right to collateral security”) with regard to each of the above real estate on August 17, 2012.

C. Meanwhile, on May 30, 2018, creditors of the debtor foundation filed an application for commencing rehabilitation procedures with respect to the debtor foundation as Suwon District Court 2018 Ma10036 on May 30, 2018. On June 27, 2018, the above court appointed F as the administrator of the debtor foundation upon the commencement of rehabilitation procedures on June 27, 2018, and subsequently decided to appoint Defendant as the new custodian on November 9, 2018.

Under the above rehabilitation procedures for the debtor foundation (hereinafter “instant rehabilitation procedures”), the plaintiffs reported rehabilitation security rights to the effect that loans of KRW 1,267,570,000 (interest of KRW 691,00,000 prior to the commencement of rehabilitation procedures for the principal amount of KRW 576,570,00) are secured by the instant mortgage. Accordingly, the defendant raised an objection against the total amount of rehabilitation security rights reported by the plaintiffs for lack of evidence.

E. Accordingly, on September 21, 2018, the Plaintiffs were the Suwon District Court Decision 2018Ma64, supra, and “the final inspection judgment of rehabilitation security rights” (hereinafter “the instant judgment”).

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