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(영문) 부산지방법원동부지원 2014.05.30 2013가합3056

배당이의

Text

1. He prepared on July 23, 2013 with respect to the auction case of the real estate B located in Busan District Court Dong Branch.

Reasons

1. Basic facts

A. (1) The Plaintiff is a person who was the owner of Busan Shipping Daegu Apartment 104 Dong 202 (hereinafter “instant real estate”).

(2) The Defendant is a financial institution with which the right to collateral security was established regarding the instant real estate.

B. On July 1, 2011, the Defendant’s right to collateral security (1) (A) and the Defendant’s right to collateral security (a) completed the registration of the establishment of a collateral security (hereinafter “mortgage security”) with the Busan District Court’s Branch Branch No. 75152, Jul. 1, 201, with respect to the instant real estate as the maximum debt amount KRW 228,000,000,000, in order to secure the Defendant’s obligation for all loans to the Defendant (a company run by the Plaintiff’s husband E; hereinafter the same shall apply) against the Plaintiff.

(B) After receiving the creation of the instant collateral security, the Defendant loaned KRW 190 million to D.

(2) On July 21, 2011, the Defendant (A) extended additional loans to D on July 21, 2011, and completed the registration of establishment of a collateral security (hereinafter “instant second collateral security”) with respect to the instant real estate by obtaining a document for establishing a collateral security (the Defendant’s name is written and sealed, and the seal is affixed) from E., and with respect to the instant real estate, the amount of KRW 120 million is KRW 120 million with respect to the maximum debt amount, and the obligor D with respect to the instant real estate as Busan District Court’s Dong Branch Branch of Busan District Court on July 21, 2011 (hereinafter “instant second collateral security”).

(B) After obtaining the creation of the second class mortgage of this case, the Defendant additionally loaned KRW 200 million to D.

C. (1) On August 27, 2012, the Defendant filed an application for voluntary auction based on the right to collateral security (the right to collateral security) and rendered a decision on voluntary auction on August 27, 2012, to Busan District Court Branch B of the Dong Branch of the District Court.

(2) On July 23, 2013, the date of distribution of the instant auction procedure, the Defendant’s entire amount of KRW 243,263,283, which is the date of distribution.