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(영문) 대전지방법원 2017.09.06 2016가단37188
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. The Loan and Establishment of Mortgage 1) Han Bank Co., Ltd. (hereinafter “One Bank”)

on April 22, 2000, C extended KRW 300 million to C (hereinafter “instant loan”).

B) As between C and C, the building on the land outside Daejeon-gu D and four lots (hereinafter “instant building”).

(C) As to the instant building, etc., the maximum debt amount was set up based on the premise that the maximum debt amount would have been 50 million won, and C, pursuant to the said mortgage contract on the same day, had one bank completed the registration of creation of a mortgage over the instant building, etc. (hereinafter “the first collateral mortgage”).

(2) On November 5, 2001, one bank extended KRW 1.7 billion to C, and entered into a mortgage agreement between C with respect to the instant building, etc. with a maximum debt amount of KRW 2.1 billion. On the same day, C had completed the registration of creation of a mortgage over the instant building, etc. with a maximum debt amount of KRW 2.1 billion to one bank in accordance with the said mortgage agreement.

(3) On June 5, 2008, one bank loaned KRW 600 million to C, and entered into a mortgage agreement between C with regard to the instant building, etc. with the maximum debt amount of KRW 780 million. On the same day, C had, pursuant to the above mortgage agreement, completed the registration of creation of mortgage over the instant building, etc. with the Han Bank prior to the registration of creation of mortgage over the maximum debt amount of KRW 780 million (hereinafter referred to as the “instant third party mortgage”).

(4) On June 5, 2009, Han Bank borrowed the instant loan to C in exchange for the amount of KRW 150 million (hereinafter “instant substitute loan”). On the same day, on November 5, 2001, Han Bank lent the loan to C in exchange for the amount of KRW 1.5 billion as of November 5, 2001, and on June 7, 201, lent the loan as of June 5, 2008.

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