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(영문) 서울중앙지방법원 2018.06.15 2016가합540804
배당이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On February 17, 2010, the Korea-style Mutual Savings Bank Co., Ltd., Ltd., which acquired the right to collateral security (hereinafter referred to as the “Korea-style Mutual Savings Bank”), concluded a mortgage agreement with the owner of the real estate listed in the separate sheet (hereinafter referred to as the “each of the instant real estate”) on the basis of KRW 4 billion with the maximum debt amount, KRW 4 billion with the debtor, KRW 100,000,000 with the maximum debt amount, KRW 7938, which was received on February 17, 2010, each of which was registered as the establishment of the right to collateral security (hereinafter referred to as the “each of the instant collateral security”).

D Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) was transferred from Pream Mutual Savings Banks each of the instant collective security rights (hereinafter “Nonindicted Co., Ltd.”) on September 19, 2014 on the ground of transfer of contract.

B. On February 11, 2015, the Happiness Asset Management Co., Ltd. and E’s (hereinafter “Happiness Asset Management, etc.”) concluded a pledge agreement on each of the instant collateral mortgages with the Nonparty Company and E, including the maximum debt amount of KRW 4 billion, the obligor Company, the obligee, and the obligee, regarding each of the instant collateral mortgages. On February 12, 2015, the Happiness Asset Management Co., Ltd. and E completed the additional registration of the establishment of each of the right to collateral mortgages under Article 3282, respectively.

C. On December 8, 2015, the Defendant acquired each right to collateral security (hereinafter “right to collateral security”) by acquiring each right to collateral security (hereinafter “right to collateral security”), which was acquired on December 9, 2015 due to the transfer of credit on December 8, 2015.

On October 13, 2015, the Plaintiff entered into a pledge agreement with the non-party company and the non-party company of this case with respect to each of the instant collateral security rights (hereinafter “instant pledge agreement”) with the non-party company as the maximum debt amount, the non-party company as the creditor, and the Plaintiff as to each of the instant collateral security rights (hereinafter “instant pledge agreement”). On October 14, 2015, the Plaintiff’s each of the instant collateral security rights is below the pledge right of each of the instant mortgages as the receipt of No. 28371,

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