beta
(영문) 수원지방법원안양지원 2013.11.15 2012가합6504

배당이의

Text

1. Of the instant lawsuit, the part of the claim against Defendant Hyundai Capital Co., Ltd. is dismissed.

2. The Suwon District Court.

Reasons

1. Facts of recognition;

A. On July 21, 201, the Plaintiff visited a branch of the Defendant Samsung Card and affixed its name, resident registration number, address, settlement account bank, account number, etc. to the Samsung Card’s application form, and received Samsung Card issued.

B. On August 31, 201, the Plaintiff borrowed KRW 60,000,00 from E, and on the same day, affixed the written contract stating that the Plaintiff shall set up a right to collateral security with a maximum debt amount of KRW 90,00,000 on the former F apartment No. 205, 1201 (hereinafter “the instant apartment”) during the period when he/she became aware that the ownership transfer registration had been completed under his/her name at the time of the said loan as a security for the payment of the said loan.

C. As to the apartment of this case, ① the registration of creation of a mortgage (mortgage E, the maximum debt amount of KRW 90,000,000) that was received on August 31, 201 by the Suwon District Court, was established on August 31, 201; ② the registration of establishment of a mortgage (mortgage C, the ground for registration of establishment of a mortgage) that was concluded on August 31, 201 by the court below as the provisional attachment No. 75141, Oct. 31, 201; ③ the registration of establishment of a mortgage on October 31, 201, the ground for registration was transferred on October 22, 201; ③ the registration of establishment of a neighboring provisional attachment with the creditor Samsung Card, the claim amount of KRW 7,612,045, the grounds for registration was received by the court below on November 18, 201; and ④ the registration of establishment of a provisional attachment as the creditor No. 2151, Dec. 21, 201201

E applied for compulsory auction on the apartment of this case to Suwon District Court Da, and the decision to commence compulsory auction was issued by the same court on December 7, 201, and G was subsequently conducted in the subsequent compulsory auction procedure.

6. 29. The apartment of this case was awarded a successful bid.

E. The support to Suwon District Court is the date of distribution of the said real estate auction case.