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(영문) 서울남부지방법원 2021.01.15 2020나55730
근저당권말소
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

The purport of the claim and the purport of the appeal are the judgment of the first instance.

Reasons

1. Basic facts

A. E has been operating a company G (representative E; hereinafter “G”) and a personal business chain H (Plaintiff: hereinafter “H”) in the Gangseo-gu Seoul Metropolitan Government F market.

B under the name of "I Mart", "Monk" (a business operator: K) in the Dong-gu Seoul Metropolitan Government J of Dong-gu, Ansan-gu, and "Mankk" (a business operator: B) in the Nam-gu, Incheon Metropolitan City L, and "Mank" in the Mapo-gu, Seoul Mapo-gu, and "Mank" (a business operator: a business operator from January 1, 2017: N representative B) respectively.

E In operating G and H, from around 2007, he has sold Cheongmuls in the Iart operated by B (hereinafter “instant transaction”). B. The Plaintiff is the owner of the real estate listed in the attached sheet (hereinafter “instant real estate”).

(c)

B lent money to E several times. On November 7, 2014, the Plaintiff added KRW 40,000,000 to E, to KRW 100,000,000 (hereinafter “instant loan claim”). In order to secure the instant loan claim, the Plaintiff completed the registration of establishment of a collateral security right (hereinafter “registration of creation of collateral security right”) with respect to the instant real estate to B as of November 7, 2014, as of Seoul Southern Southern District Court’s registration No. 47917, Nov. 7, 2014, the Plaintiff and the Plaintiff, the maximum amount of KRW 120,00,00,00 for the instant real estate (hereinafter “registration of creation of collateral security right”).

(d)

On June 1, 2018, Defendant Credit Guarantee Fund received a provisional attachment decision of KRW 148,290,836 with regard to the secured claim for the registration of creation of the instant right to collateral security by means of the Suwon Friwon 2018 Kaf 202304, and the registration of the entry was completed on the 8th of the same month.

Defendant D Co., Ltd. (hereinafter “Defendant D”) received a seizure and collection order on November 21, 2018 and completed the registration on the 27th of the same month from Seoul Southern District Court 2018 to 15136 with respect to the secured claim under the instant collateral security establishment registration as the Seoul Southern District Court 2018.

E. Meanwhile, on December 23, 2018, B filed a petition for bankruptcy and discharge with the Seoul Bankruptcy Court, and filed a petition for bankruptcy and discharge with the Seoul Bankruptcy Court. On February 11, 2019, B declared bankrupt by the lower court 103863 at the bottom of 2018.

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