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(영문) 수원지방법원 평택지원 2017.01.18 2016가합907
배당이의
Text

1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.

2. Of the costs of lawsuit.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On October 4, 2011, the South Korean Agricultural Cooperative established the right to collateral security as a joint collateral with respect to the land and the building on the land with the wife population G at the time of the acceptance of 9900 square meters of the forest land (hereinafter “the instant forest”) located in Ansan-si, the city of Ansan-si (hereinafter “the instant forest”), but on January 2, 2015, deleted the right to collateral security with respect to each

As to the debtor, the registration of creation of a collateral security with the maximum debt amount of 2.8 billion won has been completed.

(hereinafter “The instant mortgage”). On October 8, 2014, the South Korean Agricultural Cooperative filed an application for voluntary auction of the instant forest land B with the Suwon District Court, Suwon District Court, Suwon District Court, on October 8, 2014, and received a decision to commence voluntary auction from the said court on October 10, 2014.

(hereinafter “instant auction”). (b)

On October 7, 2015, South Korean Agricultural Cooperative transferred the instant collateral security to the Agricultural Cooperative Asset Management Company (hereinafter referred to as “Agricultural Cooperative Asset Management Company”).

On October 30, 2015, the Nonghyup Asset Management Company transferred the instant right to collateral security and its secured claim (the total amount of principal and interest as of October 29, 2015, KRW 2,293,322,548) to F Co., Ltd. (hereinafter “F”), to KRW 1,480,000,000,000,000 won. On the same day, the registration of transfer of the instant right to collateral security was completed due to the transfer of the finalized claim.

C. On October 30, 2015, F borrowed 1.330 million won from Savings Bank (hereinafter “Mono Savings Bank”) on October 30, 2015 in order to raise funds for the acquisition price of the above bonds. On the same day, F collected money from Savings Bank and completed the registration of creation of pledge right of the instant collateral security right with the maximum debt amount of 2.8 billion won to Savings Bank.

On November 3, 2015, F entered into the instant agreement on the assignment of claims with the Plaintiff and the Terererererererererererererererererererererererererererererererererererererererererererererererererererererererere

(hereinafter “instant bond acquisition agreement”). The main contents are as follows:

The credit transfer contract with the collateral security (hereinafter referred to as "A") shall be referred to as "A".

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