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(영문) 서울서부지방법원 2016.01.22 2015가합33540

배당이의

Text

1. The plaintiff's claim of this case is all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On July 3, 2009, the rehabilitation debtor A filed an application for rehabilitation with the Suwon District Court 2009dan37 on July 3, 2009 (hereinafter “instant rehabilitation procedure”), and received a decision regarding the commencement of rehabilitation procedures and the Plaintiff as the custodian on July 21, 2009.

B. At the time of the decision on commencement of the aforementioned rehabilitation procedure, A had the second-class mortgage creation registration with the maximum debt amount of KRW 7.2 billion, ② the debtor, the National Bank of Korea Co., Ltd. (hereinafter referred to as the “National Bank”), the debtor, the mortgagee, and the mortgagee Co., Ltd. (hereinafter referred to as the “Maju Bank”), the second-class mortgage registration with the second-class mortgage establishment registration with the aggregate of the two-class mortgage registration with the second-class mortgage registration with the aggregate of the two-class mortgage establishment registration with the apartment block structure, the first-class mortgage creation registration with the apartment block structure, the first-class mortgage structure, the second-class mortgage creation registration with the apartment block structure, the second-class mortgage structure, the second-class mortgage structure, and the second-class mortgage establishment registration with the apartment-gu Seoul Special Metropolitan City D4272,270,000, the second-class mortgage unit and the second-class mortgage office with the second-class mortgage unit (hereinafter referred to as the “Korean National Bank”), the second-class concrete structure and the third-class real estate size and the third-party building.

C. In the instant rehabilitation procedure, on August 17, 2009, Gwangju Bank reported the first priority collective security on each of the instant real estate in Eunpyeong-gu and Yongsan-gu (hereinafter “each of the instant real estate”), and on September 7, 2009, the National Bank reported the second priority collective security on each of the instant real estate as a security right, and the Gwangju Bank’s credit against A around August 2010.