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(영문) 광주지방법원 2016.06.10 2015가합51502

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 December 28, 1993, the Defendant concluded a mortgage contract with B, which constitutes a comprehensive collateral security, the scope of the secured debt, the maximum debt amount of which is 53,00,000 with respect to the real estate stated in the separate list 1 through 3, 1993, and concluded a mortgage contract with B, and completed the establishment registration of a collateral security (hereinafter referred to as the “mortgage 1”) with respect to the real estate stated in the separate list 4 to 7, 1995 as of December 16, 195, the Defendant completed the establishment registration of a collateral security (hereinafter referred to as the “mortgage 2”) with the obligor B, the collateral security, the maximum debt amount of which is 10,000,000, as of December 18, 1995, the obligor completed the establishment registration of the collateral security (hereinafter referred to as the “mortgage 3,500,0000,0000) as of May 17, 2009).

B. As to the instant real estate to A, the Defendant applied for an auction for the enforcement of each of the instant secured claims, setting the secured claims as indicated below, and the instant court commenced the auction procedure on October 23, 2013 (hereinafter “instant auction procedure”).

[Attachment 1] The loan of general loan of 1,50,000,000,440,052 general loan of 2,55 December 15, 2009 and the loan of 8,000,000,960,503 3, July 17, 2009. < Amended by Presidential Decree No. 21735, Jul. 22, 2009>