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(영문) 서울중앙지방법원 2013.05.31 2011가합111805
양도금 무효확인 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. Of the costs of lawsuit, the part resulting from the participation is Plaintiff.

Reasons

1. Basic facts

A. On August 19, 2008, with respect to the forest land G 3,196 square meters (hereinafter “the forest of this case”) owned by E and F, the establishment registration of a neighboring mortgage was completed on August 19, 2008, with respect to the forest land of this case (hereinafter “the forest of this case”) with the maximum debt amount of KRW 300 million, the debtor H, and the mortgagee I (hereinafter the “mortgage”), and on September 4, 2008, the ownership transfer registration was completed under H’s name with respect to the forest of this case.

B. On August 3, 2009, the Plaintiff entered into a contract with I to acquire the instant right to collateral security and its secured claim, and completed the supplementary registration of the instant right to collateral security in the name of the Plaintiff on August 10, 2009.

C. After that, on August 25, 2009, an additional registration of the transfer of the right to collateral security under Defendant B was made with respect to the instant right to collateral security on the ground of transfer of contract, and again, on January 5, 2010, the additional registration of the transfer of the right to collateral security was completed with respect to the shares of 6/10 in the case of Defendant C, and on the shares of 4/10 in the case of Defendant D, with respect to the shares of 4/10 on the grounds of contract transfer on December 29, 2009.

Defendant C and Defendant D applied for the voluntary auction of the instant forest land to Suwon District Court J in accordance with the instant collective security right. At the above auction procedure, K acquired its ownership on September 19, 201 after receiving a successful bid, and on November 2, 2011, the auction court drafted a distribution schedule with the content of allocating KRW 54,910,478 among the amount to be distributed on the date of distribution, and KRW 87,856,766 to Defendant C, respectively.

E. Meanwhile, on October 8, 2007, the Plaintiff issued promissory notes with a face value of KRW 300 million from the Intervenor’s Intervenor (hereinafter “Supplementary Intervenor”). On August 10, 2009, the Plaintiff transferred the instant collateral security and its secured claim to the Intervenor, and notified the obligor H of the intent of transfer on December 15, 201, but the said notification was not delivered.

On December 31, 2011, the Plaintiff entered into the said transfer contract with the supplementary intervenor on August 10, 2009.

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