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(영문) 수원지방법원평택지원 2017.06.14 2016가단10044
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. On October 10, 201, Nonparty D leased KRW 2,000,000,000 to Nonparty E by Nonparty D (hereinafter “Seoul AFFFFF forest”) on its own as a joint security, but there was land and building on its ground at the time it is permissible for Nonparty D’s land and building on its own as at the time it is recognized as a joint security, but was excluded from the joint security on January 21, 2015.

On October 4, 2011, in relation to the creditor, the creditor, the debtor, the obligor, the maximum debt amount of KRW 2,800,000,000, the Suwon District Court completed the registration of establishment of a neighboring mortgage (hereinafter “mortgage”) and the secured debt (hereinafter “mortgage of this case”) under Article 39811 of the same day, which was received from the 3981 registry office, on the same day.

B. On October 8, 2014, the Southern National Agricultural Cooperative filed an application for voluntary auction of the forest land of this case with Suwon District Court D, which was decided to commence voluntary auction by the said court on October 10, 2014.

(hereinafter “instant auction procedure”). C.

On September 16, 2015, Agricultural Cooperatives transferred the instant collateral security right to the Nonparty’s property management company (hereinafter “CF”) to the Nonparty’s property management company (hereinafter “CF”) on the ground of the transfer of the instant collateral security right to the said Nonparty’s property management. On October 30, 2015, the Plaintiff acquired the instant collateral security right claim KRW 1,480,00,000 from the management of the said Nonghyup’s property. On October 30, 2015, the Plaintiff completed the supplementary registration of the instant collateral security transfer due to the transfer of the final claim under Article 4719 as of the same date.

On October 30, 2015, the Plaintiff borrowed KRW 1,330,00,00 from the Savings Bank (hereinafter referred to as the “Fund”). On the same day, the Plaintiff collected the right to collateral security of this case between the Savings Bank and the creditor and the pledgee, and collected the savings bank, the debtor, and the maximum debt amount.

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