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(영문) 창원지방법원 마산지원 2018.05.17 2017가단105091

배당이의

Text

1. It was prepared by the original district court on September 7, 2017 with respect to the auction case of B real estate in the Changwon District Court Msan Branch B.

Reasons

1. Basic facts

A. On May 29, 2014, in order to lend money to Nonparty C and to secure the loan claim (hereinafter “loan claim of this case”), the Industrial Bank of Korea registered the establishment of a mortgage over KRW 600,000,000 with the maximum debt amount jointly secured by Changwon-si D and E, Changwon-si, which was owned by C on May 29, 2014.

B. On December 2, 2015, the Industrial Bank of Korea made a registration of change of the right to collateral security and registration of establishment of the right to collateral security with the purport of adding the above-mortgage D ground buildings owned by C to the joint collateral of the right to collateral security.

(hereinafter referred to as “instant real estate” in total, of the above real estate which became the subject of joint collateral, and when referring to any specific real estate among them, the parcel number shall be specified only. The right to collateral security established in the name of the Industrial Bank of Korea in each of the instant real estate shall be referred to as “instant collateral security”).

After that, the instant loan claim and the instant collateral security were transferred and transferred to the Plaintiff on June 27, 2016 by Nonparty F&A via the Plaintiff Company.

On the other hand, on November 25, 2015, the Defendant, the pro-friendly type of C, obtained a decision on provisional seizure of real estate against D land and its ground buildings by using monetary claims of KRW 200,000,000 against C as preserved bonds (C, Changwon District Court Decision 2015Kadan1380), and accordingly, registered provisional seizure on D land and its ground buildings on November 26, 2015.

Afterward, the defendant applied for a payment order of KRW 200,000,000 against Changwon District Court Msan Branch C, and the payment order on August 1, 2017 of the above court was finalized on August 19, 2017.

E. Upon delay in the repayment of the principal and interest of the instant loan claims, the Plaintiff filed an application for voluntary auction of each of the instant real estate based on the instant collateral security, and the court rendered a decision to voluntarily commence auction of each of the instant real estate on October 7, 2016.

(Masan District Court Msan Branch B). (f) Changwon District Court Mountainous District Court Mountainous District Court is a member of the District Court on July 2017.