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(영문) 서울중앙지방법원 2016.01.29 2015가단111189

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’s right to collateral security 1) The Bank of Korea, Inc., on April 1, 2009, carries out each of the real estate listed in the separate sheet owned by the AMM company (hereinafter “each of the instant real estate”);

(2) On July 30, 2010, the International Asset Trust Co., Ltd. (formerly, the International Trust Co., Ltd.) transferred the right to claim against D and the right to collateral security to the Plaintiff, a special purpose company under the Asset-Backed Securitization Act. (2) On July 30, 2010, the said bank transferred the registration of ownership transfer based on the trust for each of the instant real estate.

B. The Defendants’ collateral security 1) Yong-Nam Savings Bank Co., Ltd. (hereinafter “Ynam Savings Bank”)

(1) and the Switzerland Savings Bank, Inc. (the 2nd Savings Bank, Inc. before the change, the 2nd Savings Bank, the 2nd Savings Bank, the 2nd Savings Bank).

(2) On September 29, 2011, the Youngnam Savings Bank was declared bankrupt on September 26, 201, as the Busan District Court Decision 2013Hahap16, Sept. 26, 2013; on April 29, 2014, as the Court Decision 2014Hahap53, the Defendant was appointed as the bankruptcy trustee on each date of bankruptcy.

C. As to each of the instant real estate in this case, the auction procedure was conducted under the A real estate auction, B (Dupl) and C (Dupl) of this Court. The auction court prepared a distribution schedule with the content that the remaining KRW 7,292,635,687, out of the amount to be distributed on June 18, 2015, the date of distribution, 57,536,690,777, which is the date of distribution, is distributed to the right holders of the 1,292,635,687, which is the amount to be distributed to the Plaintiff and the Defendants, and the fourth-class right holders, including the Defendants, as indicated below:

on the date of setting an obligee.