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(영문) 서울중앙지방법원 2016.08.09 2016가단34869

배당이의

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

(a) The Samdong Community Fund shall grant D a loan of KRW 80 million to D as a security, and in respect of the land and buildings owned D on March 16, 201, the Seoul Jongno-gu Seoul Metropolitan Government E and its ground, the maximum debt amount of which is KRW 1,040,00,000, and the debtor’s first collateral security right of which is set up as D; and

9. On September 29, 201, the Seoul Jongno-gu Seoul Metropolitan Government F land and its ground buildings owned D were added to the joint collateral of the said right to collateral, and (2) on September 29, 201, the said E land and its ground buildings, F land and its ground buildings as collateral, the maximum debt amount of which was KRW 390,00,000, and the debtor was set up with respect to the above F land and its ground buildings, and the above buildings were all destroyed on October 18, 2012.

B. On September 14, 2012, E&D construction industry, Inc., created a third-class collateral security right with respect to the land above E and the land above, with the maximum debt amount of KRW 634,40,000, and the debtor as D.

C. Meanwhile, while D was constructing three-story buildings on the above E and F lands on January 24, 2013, G, who was born on January 24, 2013, succeeded to each of the above land and the above-mentioned above-ground buildings, and completed the above building. D.

On April 16, 2014, the Plaintiff acquired part of the secured debt of the above company under the name of E&D Construction Industry, and on May 20, 2014, transferred some of the above secured debt (100,700,000 won) from the above secured debt. On December 15, 2014, the Defendant acquired the secured debt of each of the secured debt of the above secured debt of the above secured credit under the name of Samdong Saemaeul Community Credit Cooperative, which was transferred on January 16, 2015.

E. On the other hand, as to the above land E and F land, the Samdong Community Fund, the mortgagee of the right to collateral security, filed an application for voluntary auction with the Seoul Central District Court B around the beginning of September 2014, and H, the creditor of the provisional attachment, filed an application for compulsory auction with the same court C on November 2014, which started the auction procedure. On the other hand, around February 2, 2016, each of the above land and each of the three-story buildings above the above land at the above auction procedure.