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Reasons
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(영문) 의정부지방법원 2016.05.13 2015가단46447
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. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1 to 5, 7, and Eul evidence No. 1 and 2:

On November 2, 2006, Han Bank Co., Ltd. (1) B acquired the right to collateral security (2) between Han Bank Co., Ltd. and Han Bank Co., Ltd. (hereinafter “ Han Bank”), the loan amounting to KRW 110 million and the due date on Nov. 2, 2021, the repayment method was set at 17% per annum and was loaned from Han Bank.

(2) On November 2, 2006, the registration of creation of mortgage (hereinafter “mortgage of this case”) was completed on the debtor B, creditor Han Bank, and maximum debt amount of KRW 132 million with respect to C Apartment Nos. 103 and 1002 (hereinafter “instant real estate”) in Yangju-si.

B. (1) On July 22, 2014, the first bank issued a decision to commence voluntary auction on the instant real estate to the District Court A, with respect to one bank’s application for voluntary auction, and the auction procedure on the instant real estate was in progress.

(2) In filing an application for a voluntary auction, one bank set forth the obligor B, as of July 14, 2014, the amount of the claim for the secured debt of the instant collateral and the remaining principal amount of KRW 92,122,530 as of KRW 92,530 and KRW 89,087,949 as of KRW 17% per annum from July 15, 2014 to the date of full payment.

C. On November 27, 2014, Han Bank transferred the instant secured debt to OSB Savings Bank (hereinafter “ESB Savings Bank”), and on December 5, 2014, the supplementary registration of the instant secured debt was completed on December 5, 2014.

On March 30, 2015, OSB Savings Bank transferred the secured debt of the instant collateral security to the Bank of Security (hereinafter “IBC”) on March 30, 2015, and the additional registration of the instant collateral security was completed on April 7, 2015.

E. On March 30, 2015, 300.

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