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(영문) 의정부지방법원 고양지원 2018.02.08 2016가단30336

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 March 1, 2013, the Plaintiff entered into a lease agreement with the Yongsan-gu Seoul Metropolitan Government (hereinafter “instant apartment”) with the Plaintiff on KRW 120 million with respect to D apartment 507 Dong-dong 401 (hereinafter “instant apartment”). On March 13, 2013, the Plaintiff filed a move-in report with the said apartment, and the fixed date of the lease agreement was granted on October 5, 2015.

B. 1) The instant apartment as of June 3, 2008 at the time of the said lease agreement: (a) the registration of the right to collateral security (hereinafter “instant right to collateral security”) in the instant apartment as of June 3, 2008; (b) the registration of the right to collateral security (hereinafter “instant right to collateral security”) in the amount of KRW 130 million on the real estate and joint collateral (such as No. 801 through No. 804 of the Yeongdeungpo-gu Seoul building, Yeongdeungpo-gu, Seoul as of May 29, 2012), the Industrial Bank of Korea of Korea, the debtor corporation, the maximum debt amount of KRW 1.536 million (hereinafter

(2) On March 7, 2013, the registration of the right to collateral security was cancelled on March 7, 2013, and the right to collateral security, other than the instant apartment, was cancelled on August 9, 2013, with the right to collateral security, which was established on the real estate of 4 bonds, including 801 through 804, with the right to collateral security.

C. On March 8, 2016, the Industrial Bank of Korea transferred to Korea Securities Finance Co., Ltd. approximately KRW 126.6 billion, including the claim against the said Co., Ltd., and the Defendant’s Asset-Backed Securitization Act (hereinafter “Asset-Backed Securitization Act”).

(2) On March 29, 2016, as part of the process of asset-backed securitization, the Defendant acquired the status of the assignee of the bonds of the Korea Securities Finance Corporation (hereinafter “Korea Securities Finance Corporation”) on two occasions, including March 30, 2016 and April 6, 2016, pursuant to Article 7 of the Asset-Backed Securitization Act, sent the notice of assignment of the bonds to Hyba Co., Ltd., a debtor, and publicly announced the fact of assignment in two or more daily newspapers circulated in the debtor’s domicile.

On February 2016, upon application by the Industrial Bank of Korea for the progress of the auction procedure.