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(영문) 대전지방법원공주지원 2014.07.17 2013가단20457
배당이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. (1) On April 207, 2007, a national bank loaned a loan of KRW 850,000,000 to B (hereinafter “instant loan”) on April 20, 2012.

(2) On June 1, 2007, a national bank extended a loan of KRW 350,000,000 to B on June 1, 2012 (hereinafter “instant second loan”) with a redemption date fixed on June 1, 2012.

(3) On June 21, 2007, a national bank extended a loan of KRW 50,000,000 to B on June 15, 2012 (hereinafter “third loan”).

B. In order to secure the obligation of loans, etc. to the National Bank No. 1 of this case against the National Bank on April 20, 207, the National Bank entered into a comprehensive mortgage creation agreement with B on the real estate listed in the separate sheet No. 1 through No. 14 of the Real Estate List No. 1 (hereinafter “each of the instant claims”) and the separate sheet No. 2 of the machinery and appliances No. 1,105,000 won with respect to each of the instant claims, and completed the registration of the creation of a collateral security (hereinafter “No. 1”) with regard to each of the instant claims against the National Bank No. 11470 on April 20, 207.

(2) On May 29, 2007, the National Bank entered into a comprehensive collateral creation contract with respect to real estate listed in Annex B No. 15,00,000 as the maximum debt amount as to the real estate listed in Annex B’s list No. 15 (hereinafter “instant land”) in order to secure the obligation of the instant loans, etc. against the National Bank. The National Bank completed the registration of the creation of collateral security right (hereinafter “No. 2 collateral security right”) as to the instant land as No. 15633, Jun. 1, 2007.

(3) In order to secure the obligation of the instant third loan, etc. against the National Bank on June 19, 2007, the National Bank set forth in attached Table 1(15) of the real estate list (hereinafter “instant land”) at KRW 50,00,000 with respect to real estate as indicated in attached Table 1(15).

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