배당이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. C and the Saemaul Bank of Yong-Naman, 1) C are real estate listed in the separate sheet (hereinafter “instant real estate”).
(2) On January 14, 2014, C entered into an agreement with the Saemaeul Fund of the Yong-Naman, which received a loan of KRW 287 million as the expiration date of the loan, on January 13, 2017, with the term “the date of expiration of the loan” (Article 3(2)2 of the Framework Act on Credit Transactions with the Saemaul Depository), “14.36% per annum of the maximum damages rate, and “real estate security” for each type of loan (hereinafter “instant first loan”).
C In order to secure the first loan obligation of this case on the same day, C entered into a contract to establish a collateral (hereinafter “mortgage”) with respect to the instant real estate with the maximum debt amount of KRW 344,44 million, and with the scope of the secured debt, the scope of the secured debt (hereinafter “mortgage”). On the same day, C completed the registration of creation of a collateral for the instant real estate.
3) On October 27, 2014, C designated loans of KRW 20 million as “credit” (hereinafter “second loans of this case”) on October 27, 2017 between the Korea Saemaul Bank of Yong-Naman, with the term of loans extended on October 27, 2017, with the term of lending KRW 20 million as of October 27, 2017, the term of the loan expires, the rate of interest rate change (Selection of Article 3(2)2 of the General Terms and Conditions on Credit Transactions with the Korea Saemaul Bank of Yong-Naman
B) The Plaintiff entered into an agreement with the terms and conditions of receipt. (B) On December 21, 2015, the Plaintiff leased KRW 30 million to C on June 20, 2016. In order to secure the said obligation between the Plaintiff and the Plaintiff, C entered into a mortgage agreement with the maximum amount of KRW 30 million on the instant real estate and completed the registration of the establishment of the relevant neighboring mortgage. (c) On May 19, 2016, the YYFFFFFC transferred the instant mortgage to the Defendant-related asset management loan (hereinafter “Defendant-related asset management loan”) and transferred the secured claim of the instant mortgage.
On May 27, 2016, the Korea Saemaul Bank of Yong-Nam shall notify C of the assignment of claims.