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(영문) 부산지방법원 2017.05.11 2016구합20730

공매대금배분처분취소

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1. On November 30, 2015, the Defendant executed each real estate share listed in the separate sheet No. 1 as “C” or “D.”

Reasons

1. Details of the instant disposition

A. The Intervenor joining the Defendant (hereinafter referred to as the “ Intervenor”) as to the right to collateral security, etc.

) Dongyang Savings Bank (the trade name at that time was changed to the Dongyang Savings Bank, the Dongyang Savings Bank, the Dongyang Savings Bank, or the current trade name on November 11, 2010, and hereinafter “ Dongyang Savings Bank, the Dongyang Savings Bank.”

on April 29, 1995, E Co., Ltd. (hereinafter referred to as “E”).

A) On April 29, 196, the repayment period was set at KRW 150 million, and the F jointly guaranteed the loan obligation of KRW 100 million. The F, on April 29, 1995, concluded the registration of creation of a mortgage on each of the instant real estate to the Intervenor Dong Yang Savings Bank with the Intervenor at Dongyang Savings Bank with the maximum debt amount of KRW 50 million, jointly and severally liable F, and E. 2) G lent the interest rate of KRW 2.5% on September 18, 1995 to H, who is the Plaintiff of F, as the interest rate of KRW 50 million on December 18, 195, and the due date of repayment of KRW 500,000 on November 5, 1995. The F loaned the interest rate of KRW 2.5 billion on February 5, 195, and the due date of repayment of KRW 196 on February 8, 199.

In order to secure H’s above loan obligation, F completed the registration of creation of a collateral on September 18, 1995 with respect to each real estate share, etc. listed in [Attachment 1] Nos. 3, 4, 5, and 7, including the maximum debt amount, KRW 50 million, and the debtor H, and on January 15, 2001, the registration of establishment of a collateral security with the mortgagee I was completed on January 15, 200.

3) On December 23, 1995, H succeeded to all relevant business affairs of the National Agricultural Cooperative Federation (the National Agricultural Cooperative Federation established by separating credit business from the National Agricultural Cooperative Federation on March 2, 2012), but it is the National Agricultural Cooperative Federation under the indication of creditors in the distribution statement prepared by the Defendant.

The intervenor borrowed money from the branch of the Cheong-gun branch, and the intervenor B guaranteed the H's loan obligations.

F In order to secure H’s above loan obligations, F shall be KRW 700,000,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000,00