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(영문) 서울서부지방법원 2018.11.15 2017가합1028
채무부존재확인
Text

1. The instant lawsuit shall be dismissed.

2. The costs of the lawsuit shall include the costs resulting from the participation.

Reasons

1. Basic facts

A. The Appointor D owned each land listed in the separate sheet, and the Plaintiff (Appointed Party, hereinafter “Plaintiff”) as the Plaintiff (hereinafter “Plaintiff”) owned the building listed in the separate sheet

(hereinafter referred to as “the instant real estate” by referring Plaintiff A and Selected D, and hereinafter referred to as “the instant real estate”). B.

With respect to the instant real estate, the Plaintiffs completed the registration of establishment of a neighboring to the Defendant’s name, which was the Defendant, as the head of Suwon District Court Branch, No. 15845, April 1, 2015, the maximum debt amount of KRW 225,00,000, and the obligor’s establishment of a mortgage

(hereinafter “instant collateral security”). C.

On October 26, 2015, the Defendant: (a) completed the registration of creation of a pledge right to collateral security in the name of the Intervenor (hereinafter “instant pledge right”) against the Intervenor’s Intervenor (hereinafter “ Intervenor”) regarding the instant right to collateral security (hereinafter “instant pledge right”).

On May 8, 2015, upon the application for voluntary auction by Nonparty E Co., Ltd., the Defendant’s creditor, the procedure of voluntary auction of the instant real estate was commenced as Sungwon District Court Branch F, and on April 22, 2016, the auction court prepared a distribution schedule that distributes KRW 142,691,554 to the Intervenor as a mortgagee of the right to collateral security.

E. G, who asserted as a lessee with the opposing power over the instant real estate, was present on the date of the foregoing distribution, and raised an objection to the total amount of dividends of the Intervenor, and filed a lawsuit of demurrer against the Intervenor by Sungwon District Court Branching Sungnam Branching 2016No. 9932, and argued that the instant collateral security and the instant collateral security right are the invalid collateral security and the instant collateral security right, which are invalid by a false conspiracy.

On January 17, 2017, the above court rendered a ruling dismissing G’s claim on the grounds that G cannot be deemed as a lessee with opposing power, and the instant mortgage and the instant pledge right are false in collusion.

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