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(영문) 서울고등법원 2017.12.01 2017나2022702

배당이의

Text

1. The judgment of the court of first instance is modified as follows.

Suwon District Court D, E, F (combined), and D, E, F.

Reasons

1. The grounds for this part of the facts of recognition are as stated in Paragraph 1 of Article 420 of the Civil Procedure Act, except for the modification as follows. Thus, this part of the reasoning of the judgment of the court of first instance is cited as it is.

The second 18 pages of the judgment of the court of first instance (hereinafter “Defendant Busan Savings Bank”) is called “(former trade name: subsidiary mutual savings bank: hereinafter “Defendant Busan Savings Bank”)”.

The 6th half of the judgment of the first instance court "This Court" shall be deemed to be "Saong District Court".

The following shall be added between 6th six parallels in the judgment of the first instance and 7th parallels:

On October 26, 2016, the Plaintiff raised an objection against the dividend amount to the Defendants on the date of distribution of the instant auction procedure, and on October 31, 2016, the Plaintiff filed the instant lawsuit. On October 31, 2016, the Plaintiff stated that “The entries (including the number of pages) in the evidence Nos. 1-13, Nos. 1-23, 28-30 (including the number of pages; hereinafter the same shall apply)” in the first instance judgment Nos. 6 to 7-8.

In all of the judgment of the first instance, "attached Form" shall be dismissed in attached Form 1 of the judgment of the first instance.

2. Determination as to the assertion regarding Defendant B, Co., Ltd., Ltd. and C

A. The Plaintiff’s assertion ① The transfer of the right to collateral security and the right to collateral security between the Defendants is the most transfer, the claim is not specified, or there is no effect as a formal assignment of the claim.

② In addition, in the case of the real estate indicated in the judgment of the court of first instance, one of the real estate indicated in the attached Form No. 1, the registration of mortgage transfer pursuant to the bond transfer contract of this case was not made, and the transfer of confirmed claim as of April 11, 2016 was the ground for its registration, and thus, the bond transfer and takeover contract of this case is not effective because it does

Therefore, under the premise of the assignment of claims and the transfer of collateral security, Defendant B, Co., Ltd.