logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구고등법원 2015.01.22 2014나3383
배당이의등
Text

1. The part of the judgment of the first instance against the Defendants shall be revoked.

2. The Plaintiff’s portion of revocation is against the Defendants.

Reasons

1. Basic facts

A. F’s credit against F and F’s credit transfer (i.e., the former trade name: G Co., Ltd.; hereinafter “Nonindicted Co., Ltd.”) had a total amount of KRW 188,202,680 (hereinafter “instant claim”) against F Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”).

D. On July 18, 2012, the non-party company filed an application for provisional seizure of real estate with the Ulsan District Court 2012Kahap560 on the instant real estate owned by the non-party company. According to the decision of provisional seizure on July 25, 2012, the registration of provisional seizure (hereinafter “registration of provisional seizure”) was completed with the claim amounting to KRW 188,202,680 on the instant real estate as the receipt No. 824 on July 25, 2012, and the creditor F of the creditor.

On December 9, 2013, F entered into a contract with the Plaintiff to transfer the instant claim to the Plaintiff, and on December 9, 2013, F notified the non-party company of the fact of the said transfer by content-certified mail.

B. (i) The contract to establish a right to collateral security and the registration of provisional seizure established on the instant real estate by Nonparty Company and the Defendants had the right to return the real estate purchase price corresponding to the principal amounting to KRW 54,58,240 (Defendant A) and KRW 58,021,60 (Defendant B) and the damages for delay thereof against the Nonparty Company. In order to secure the payment of the said claim, the instant contract to establish a right to collateral security was concluded with the Nonparty Company on December 13, 2012, and completed the establishment registration of a right to collateral security under the name of Defendant A, which was the priority number No. 12922, No. 12922, Dec. 17, 2012, the registration of establishment of a right to collateral security was completed under the name of Defendant B Daegu District Court was the priority number No. 12922, Dec. 17, 2012.

(hereinafter referred to as the “registration of creation of the instant right to collateral security”). The amount claimed by the creditor on the date of registration is raised.

arrow