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(영문) 부산지방법원 2014.12.11 2014가단58876
배당이의
Text

1. Defendant Co., Ltd. in the distribution schedule prepared on July 16, 2014 with respect to the auction of real estate B by Busan District Court.

Reasons

1. Facts of recognition;

A. On March 20, 2014, the Plaintiff purchased each real estate listed in the separate sheet (hereinafter “instant real estate”) from C and completed the registration of ownership transfer therefor.

On December 19, 2006, the registration of creation of a mortgage (hereinafter “registration of creation of a mortgage”) under the name of the Defendant Busan Bank Co., Ltd. (hereinafter “Defendant Busan Bank”) (hereinafter “Defendant Busan Bank”), the same day was completed under the name of the maximum debt amount 46,020,000 on the same day, and the registration of creation of a mortgage (hereinafter “registration of creation of a mortgage”) under the name of Defendant branch Es. Construction Co., Ltd. (hereinafter “Defendant branch Es. Construction”) was completed. However, the decision of voluntary commencement of auction was rendered on August 30, 2013 upon Defendant AS Construction’s voluntary auction application.

B. On November 30, 2006, the circumstances leading up to the establishment of each of the above mortgages on the instant real estate were that the Defendant Busan Bank concluded the agreement with the D Housing Redevelopment Association (hereinafter “instant redevelopment association”) and the Defendant Branch Construction Co., Ltd. (hereinafter “instant redevelopment association”) with respect to the D Housing redevelopment project on November 30, 2006, and subsequently, the Defendant Busan Bank and the Defendant Branch Construction set up a collateral security right with respect to the relocation loan, etc. to C, who was the owner of the instant real estate included in the redevelopment area as at the time

C. In this case’s voluntary auction on the instant real estate, the court of execution shall pay the amount to be actually distributed on July 16, 2014 to KRW 91,549,835, and the court of execution shall, in the first order, KRW 47,465,176 to the Defendant Busan Bank, the mortgagee of the right to collateral security (i.e., the principal amount of KRW 35,40,000,065,176, and the dividend rate of KRW 100), and KRW 47,337,074 to the Defendant SP Construction, the applicant creditor of the right to collateral security (right to collateral security) [= KRW 42,691,430] (= interest of KRW 7,40,400 until the subrogated principal of KRW 35,40,00), interest of KRW 4,645,644 (income of subrogation principal of KRW 35,400,000).

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