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Reasons
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(영문) 수원지방법원 2015.09.22 2014가합15357
배당이의
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On May 8, 2009, Nonparty 1) loaned KRW 250,00,000 from the Young-dong Central Credit Union and KRW 200,000,000 in the name of F in order to raise business funds, Nonparty 1) borrowed from the Young-gu Central Credit Union in the name of F, and thereafter, on May 7, 2009, Nonparty 200,000,000 won in the name of G (hereinafter “instant real estate”).

(1) As to the Youngdong Central Credit Union, the right to collateral security (hereinafter “the right to collateral security”) holding the debtor I and the debtor amount of 350,000,000 won with G and the maximum debt amount of G and the maximum debt amount of 280,000 won shall be deemed to be the right to collateral security (hereinafter

2) At the time of the provisional attachment of this case, G set up a provisional attachment on May 3, 2004 (Seoul Central District Court 2004Kadan47641). At the time of the instant real estate at the time of the JJ, which had been in business relations with E, the registration of provisional attachment was completed on May 3, 2004 (Seoul Central Credit Union 2004Kadan47641). However, the Youngdong Central Credit Union had the above KRW 200 million deposited the deposit claim of KRW 200 million on the ground of the instant provisional attachment, and created a pledge as to the deposit claim of KRW 200 million.

B. The Defendant’s subrogation and the transfer of collateral security (1) The Youngdong Central Credit Union did not receive the principal and interest of loan even though the loan period under the above F was expired, and thus, the Suwon District Court’s voluntary auction on the instant real estate (hereinafter “advance auction”).

2) On August 1, 201, E filed a motion to commence voluntary auction on August 1, 201, and the date of sale was designated on February 9, 2012 in the preceding auction procedure. 2) E, via J, requested the Defendant to sell and repay the instant real estate after the withdrawal of the preceding application for auction, upon the transfer of two collateral mortgages by the Young-dong Central Credit Cooperatives.

Accordingly, the defendant on February 2, 2012.

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