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(영문) 인천지방법원 2019.12.10 2019가합131
배당이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff changed the ownership of the instant land and set up a right to collateral security (1) from September 13, 2012 to each land indicated in the separate sheet (hereinafter “instant land”).

(1) On January 21, 2010, G Co., Ltd. owned with G Co., Ltd. entered into a real estate disposal trust agreement with H on January 7, 2013 and managed the ownership of the instant land. On August 21, 2008, Plaintiff I Co., Ltd., Ltd., the ground for registration of the owner on August 21, 2008, which was the date of registration of the owner, sold on August 19, 2008, and on March 10, 2010, trust I Co., Ltd., Ltd., Ltd., the trust I reverted to the trust property on March 10, 2010, as the trust I Co., Ltd., Ltd., Ltd., the trust property on April 22, 2010 and the ownership of the instant land on April 21, 2010 following the change on April 21, 2010.

3) I Co., Ltd. (hereinafter “I”) only

(1) On March 10, 2010, the Plaintiff restored the ownership of the instant land on the ground of the reversion of trust property, and on the same day, to L Cooperatives as of March 10, 2010, pursuant to Article 19533 of the Incheon District Court’s Registration Office (No. 19533, Mar. 10, 2010, the debtor I, creditors, and creditors, KRW 1,400,00,000 (hereinafter referred to as the “instant collateral security”).

B) On the other hand, a 11th floor above ground and an officetel building on the second floor above ground (hereinafter “instant building”) has been constructed on the instant land.

Since the building permission was granted on August 5, 2005, the name of the owner was changed several times. On February 2006, the owner was M and N, and on September 27, 2007, the owner was changed to K (hereinafter “K”), J Co., Ltd. (hereinafter “J”) and J Co., Ltd. (hereinafter “J”), I and K on September 2, 2008, and I on September 12, 2008, and the name was changed to J.

2 M An application for provisional seizure against the building of this case for which the creditor of M had not been registered around August 2007.

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