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(영문) 부산고등법원 2016.07.27 2016나295

배당이의

Text

1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Counterclaim Defendant).

purport, purport, and.

Reasons

1. Basic facts

A. The gas station business rehabilitation company of the rehabilitation debtor A Co., Ltd. (hereinafter referred to as the "Rehabilitation company") supplied oil from the Hyundai Bank Co., Ltd. (hereinafter referred to as the "Moo Bank") with the place of business on four lots of land and its ground (hereinafter referred to as G real estate), Busan Southern-gu D, and land and its ground buildings (hereinafter referred to as the "real estate of this case"), which are owned by F, the actual manager, and supplied oil to gas stations, construction companies, etc.

B. During the period from June 25, 2009 to May 28, 2010, F’s guaranteeF provided a joint and several guarantee for KRW 2 billion in total for the Defendant of the rehabilitation company’s loans to the Defendant.

C. The Defendant’s provisional attachment on the Defendant’s F-owned real estate applied for provisional attachment of F-owned M&H land (hereinafter referred to as Yangsan real estate), the instant real estate, and G real estate by using F-owned claim 2,049,092,603 as the preserved right (hereinafter referred to as “F-owned real estate”), and the said court decided provisional attachment on November 24, 2010, and the provisional attachment registration for each of the instant real estate was completed on November 25, 2010.

(1) On November 17, 2010, the rehabilitation company filed an application with the Busan District Court for commencement of rehabilitation procedures as the Busan District Court 2010 Ma24 on December 21, 2010. On May 9, 2012, the court decided to commence rehabilitation procedures on the following major contents (hereinafter “instant rehabilitation plan”) submitted by the Plaintiff at a meeting of interested persons for the examination and resolution of the rehabilitation plan (hereinafter “meeting of interested persons”) on the following major contents (hereinafter “instant rehabilitation plan”) were approved by the consent of 100% of total voting rights of rehabilitation secured creditors, with the consent of 16,152,740 won, among total voting rights of rehabilitation creditors, total voting rights of 12,29,141,358 won, with the consent of 10,67,641,535 won, 86.81% of total voting rights of rehabilitation creditors:

5. 30. The above court rendered a ruling to authorize the rehabilitation plan on June 14, 2012.