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(영문) 서울중앙지방법원 2018.04.06 2017가단23316
배당이의
Text

1. All of the instant lawsuits are dismissed.

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

Reasons

1. Basic facts

A. G and H completed the registration of ownership transfer on July 15, 2003 with respect to 1/2 shares among the land and buildings listed in the separate sheet (hereinafter “instant real estate”).

G on June 5, 2006, the G completed the registration of the establishment of a neighboring establishment with respect to H shares out of the instant real property, including the maximum debt amount of KRW 1,875,00,000, and the debtor H.

(2) On July 31, 2014, on the ground of the assignment of claims, F completed the supplementary registration of the right to collateral security (hereinafter “instant right to collateral security”) with respect to the instant right to collateral security on July 31, 2014, and on October 7, 2014, G, the debtor of the instant real estate, obtained an order for seizure and assignment of claims against KRW 3 billion out of surplus dividends to be paid by the Republic of Korea, the third debtor of the instant right to collateral security (hereinafter “instant right to collateral security”).

(2) On August 28, 2014, F, with respect to the instant right to collateral security, issued a supplementary registration with respect to the establishment of each right to collateral security with respect to the instant right to collateral security on August 14, 2014, to the National Loan Finance Co., Ltd., the J on August 19, 2014, to K on April 14, 2015, to K as the debtor F, and issued a supplementary registration with respect to each right to collateral security with respect to the said right to collateral security on August 28, 2014.

B. On May 22, 2015, Defendant B completed the registration of the establishment of a neighboring mortgage with respect to the share of G among the instant real estate, the maximum debt amount of which is KRW 2 billion, and the debtor G, and the amount of claims against M on August 20, 2015, and KRW 500 million with respect to the foregoing right to collateral security, and ② on February 3, 2016, the amount of claims against N is 1.5 billion, and the additional registration of the establishment of each right to collateral security with respect to each of the debtor Defendant B was completed.

N on July 21, 2016, on the ground of the assignment of claims, the N completed additional registration of the right to collateral security before Defendant A with respect to the said right to collateral security.

C. On January 2, 2017, the Plaintiff made an authentic deed of promissory notes against F as an executive title, and the obligor F from the third obligor to the Republic of Korea in the instant auction procedure.

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