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(영문) 창원지방법원진주지원 2017.07.14 2016가단37149
배당이의
Text

1. The plaintiff's main claim is dismissed.

2.(a)

Among the buildings listed in the separate sheet between the defendant and the non-party B.

Reasons

1. Facts of recognition;

(a) Loans to B by Busan Bank and collateral security 1) Busan Bank Co., Ltd. (hereinafter “ Busan Bank”);

B) The loan of this case is the sum of KRW 5.4 billion on June 27, 2007, KRW 1 billion on March 26, 2008, KRW 1.3 billion on September 5, 2008, KRW 1.3 billion on December 10, 2008, KRW 1 billion on March 6, 2009, KRW 5.4 billion on March 9, 2009 (hereinafter “the loan of this case”).

2) B loaned a loan to the Busan Bank on June 27, 2007 with respect to several parcels of real estate, including 763 square meters, owned by it, including the maximum debt amount 2.4 billion won on June 27, 2007, the maximum debt amount 1.2 billion won on the same day, the maximum debt amount 36 billion won on October 26, 2007, the maximum debt amount of 360 million won on September 26, 2007, and the amount of 60 billion won on September 5, 2008, and the amount of 2.2 billion won on March 6, 2009.

3) H Co., Ltd. (hereinafter “H”)

On September 2, 2009, B accepted the obligation of the instant loan from B, and B jointly guaranteed the said obligation on the same day. (4) The additional registration was made to change the debtor into H with respect to each of the above mortgages that have been completed on the said real estate, and the registration of the establishment of a neighboring mortgage, which is the debtor H and Busan Bank, was made on September 7, 2009.

5) B) On July 30, 2013, 2013, the buildings listed in the separate sheet (hereinafter “instant building”).

(B) On February 12, 2014, in order to secure the obligation for the instant loan, the registration of initial ownership was completed with respect to the establishment of a mortgage over KRW 2.4 billion, KRW 1.2 billion, KRW 360 million, KRW 1.56 billion, KRW 2.2 billion, and KRW 1.8 billion, respectively, with respect to the instant building to Busan Bank on February 12, 2014. (B) As between B and the Defendant on June 23, 2014, the Defendant entered into a lease agreement between B and the Defendant, and entered into a lease agreement between B, and the Defendant on June 23, 2014, the lease deposit amount of KRW 25 million, and the term of lease from June 23, 2014 to June 23, 2017 to June 23, 2017 (36 months).

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