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(영문) 인천지방법원부천지원 2016.06.16 2015가단108644

배당이의

Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Facts of recognition;

A. The National Bank Co., Ltd. (hereinafter “National Bank”) concluded a mortgage agreement with each of the following contents in order to secure a loan claim against C, and completed each registration of establishment of a mortgage covering a total amount of KRW 256,100,000 with respect to real estate listed in the separate sheet owned by C (hereinafter “instant real estate”).

On May 10, 2001, Plaintiff 143,000, the total maximum debt amount of the secured debt debtor 1,200 on May 10, 2001, the total collateral security No. 143,000,000, Plaintiff 2, the Seoul Housing Bank Co., Ltd. Co., Ltd., Ltd. Co., Ltd. Co., Ltd. Co., Ltd. Co., Ltd. on April 10, 2007, Plaintiff 3, June 25, 2009, limited collateral security No. 48,100,000, totaling Plaintiff 256,100,000

B. On July 29, 2013, the Defendant entered into a lease agreement with C to lease the instant real estate by setting the lease deposit of KRW 10,000,000, monthly rent of KRW 750,000, and the lease term from August 27, 2013 to August 26, 2015 (hereinafter “instant lease agreement”).

C. After that, on July 28, 2014, at the request of the National Bank, which was the mortgagee, the Incheon District Court (hereinafter “instant auction procedure”), the voluntary auction procedure was initiated as B with the Busan District Court. The instant real estate was sold at the said auction procedure.

During the above auction procedure, the Plaintiff acquired the secured claim of the right to collateral security from the National Bank, and submitted a creditor’s report to the court of execution on December 29, 2014, and submitted a creditor’s report to the court of execution, and submitted the claim statement with the total amount of claim KRW 239,873,598 to the above court

As of June 5, 201, 110,000,000 110,000,000,000 17,8326,8326, Dec. 10, 2008, 2008, aggregate of the principal and interest of loans under loan agreement (as of June 5, 2015, 50,000,000,000 4,013,692,406,406,048.