logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원평택지원 2019.07.16 2018가단54949
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. With respect to the land of Pyeongtaek-si in Gyeonggi-do, 1,177 square meters, J-si 1,283 square meters, K forest 6,720 square meters, and L forest 13,086 square meters (hereinafter “instant real estate”), the registration of ownership transfer was completed in the name of M on July 15, 2003, the registration of ownership transfer was completed in the name of M on March 22, 2016 (trade on December 29, 2015), and the registration of ownership transfer was completed in the name of O stock company on February 9, 2018.

B. Meanwhile, on the instant real estate, the registration of ownership transfer was completed in the name of O stock company on April 26, 2016, on the ground that the warehouse, etc. of the board of a general steel structure was approved on or around April 26, 2016 (No. 5 Dong-dong in warehouse on July 7, 2006, and No. 5 Dong-dong on June 29, 2009) and the registration of ownership transfer was completed in the name of M stock company on May 25, 2016, and on February 9, 2018.

C. On December 1, 2015, regarding the instant real estate, the right to collateral security (hereinafter “instant right to collateral security”) was established on July 7, 201 on the debtor M&N, P, Q, the maximum debt amount, 800,000,000, and Defendant 1 through 4’s assignment and pledge registration were completed due to the partial transfer of share of the right to collateral security and the pledge registration as shown in the attached Form.

As to the instant real estate on December 31, 2015, the right to collateral security (hereinafter “instant right to collateral security”) was established on August 8, 2018, regarding the obligor N, N, P, Inc., Ltd., and the maximum debt amount of KRW 800,000,000. On March 22, 2016, the Defendant changed the maximum debt amount of KRW 1.7 billion to the maximum debt amount of KRW 1.7 billion and on June 30, 2016, as to the instant right to collateral

5. G set up a pledge of KRW 1.7 billion.

E. On July 5, 2016, with respect to the instant real estate, the right to collateral security (hereinafter “instant right to collateral security”) was established in KRW 200,00,000 with respect to the debtor’s N/mortgage, S/C, and the amount of credit security (hereinafter “the instant right to collateral security”) was completed on May 31, 2017 by supplementary registration No. 9 as the ground of the transfer of final claim.

On January 26, 2018, the Plaintiff received a claim amounting to KRW 200 million against the obligor N's third obligor O Co., Ltd. for the amount of compensation for losses by subrogation, and the above decision is rendered.

arrow