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(영문) 부산지방법원 2015.07.16 2014가합52035

배당이의

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On May 22, 2002, the Industrial Bank of Korea concluded a mortgage agreement with the debtor piracy Co., Ltd. (hereinafter “the instant land”) on the real estate listed in the Attachment No. 1 (hereinafter “the instant land”). On May 22, 2002, the Industrial Bank of Korea concluded a mortgage agreement with the debtor piracy Co., Ltd. (hereinafter “the instant land”) and the Industrial Bank of Korea as the maximum debt amount of 2,980,000,000,000 won, which is the debtor piracy and the mortgagee’s Industrial Bank of Korea. On the same day, the Busan District Court’

After that, on July 5, 2002, the Industrial Bank of Korea concluded an additional contract for the establishment of a mortgage on the piracy and the real estate listed in attached Form 2 (hereinafter “instant building”) and completed the establishment of a mortgage on the same day.

(hereinafter the above right to collateral security (hereinafter referred to as the “instant right to collateral security”). B

On December 27, 2006, the Plaintiff subrogated to the Industrial Bank of Korea, which is a creditor of the piracy and a mortgagee of the right to collateral security, KRW 1,615,14,311, which is part of the obligation of the piracy, pursuant to a credit guarantee contract with the piracy. On the same day, the Plaintiff concluded a partial transfer contract with the Industrial Bank of Korea (hereinafter “instant collateral security transfer contract”).

A person entitled to registration of partial transfer of a right to collateral security: The Bank of Korea shall indicate real estate: The Industrial Bank of Korea shall indicate the real estate in this case and the real estate indicated under Article 1 of the building as collateral, and shall register the creation of a collateral security with the maximum debt amount of KRW 2,980,000,000 as a clerk, based on the contract to establish a collateral security, under which Article 9436 of the Act was received on May 22, 2002. On July 5, 2002, the registration of additional collateral security creation under Article 12750 of the Act was completed, which was received on July 5, 2002.

Amount to be transferred to KRW 1,615,144,31: 1,615,144,311 (in the order of appropriation for the recovery of dividends) ① The distribution of dividends (including the amount yet to be transferred) by the above-mortgage (including the amount yet to be transferred).