beta
(영문) 광주지방법원 2017.05.26 2016가합53949

배당이의

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The establishment and inheritance relationship of the right to collateral security as to each of the instant real estate (1) was changed into the Busan Savings Bank (U.S. Busan Mutual Savings Bank Co., Ltd., Busan Mutual Savings Bank on March 19, 2002; hereinafter “U.S. Busan Savings Bank”) on September 29, 2010; hereinafter “U.S. Savings Bank”) concluded a mortgage agreement with the debtor with respect to each of the instant real estate listed in the separate sheet (hereinafter “each of the instant real estate”) on June 19, 197 between C and the debtor on June 19, 197 as to each of the instant real estate (hereinafter “the instant real estate”), with respect to a bill loan, bill discount, certificate loan, credit fraternity transaction, and other credit transaction that the debtor bears at the Busan Savings Bank and thereafter, with respect to liabilities, guaranteed liabilities, interest liabilities on bills or checks, damages liability, all other incidental obligations such as insurance premium, etc. to be borne by the debtor or the establisher, and completed the mortgage registration agreement with the Gwangju District Court on the instant real estate (hereinafter “160 million”).

(2) On November 2, 2001, Busan Savings Bank entered into a contract to acquire the status of debtor according to the above collateral security contract between C and E and D on November 2, 2001, and completed the registration of change of collateral security as to each of the real estate of this case as the above registry office No. 19596 on the same day.

(3) On November 2, 2001, Busan Savings Bank concluded a mortgage-backed contract with the debtor as to each of the instant real estate with C on November 2, 2001, and completed the registration of the establishment of a neighboring mortgage (hereinafter “the second collateral mortgage”) as the same date as the above registry office received on the same date.

(4) Each of the instant real estate was inherited on December 6, 2006 to E and the Plaintiff as 3/5, 2/5 shares, respectively.

(b).