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(영문) 부산고등법원(창원) 2016.08.18 2015나23775
청구이의
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The Plaintiff’s claim and the instant auction 1) Han Bank Co., Ltd. (hereinafter “ Han Bank”).

(B) On July 31, 2007, B Co., Ltd. (hereinafter “B”).

(B) In order to secure a claim against a debtor, the registration of creation of a mortgage (hereinafter “mortgage of this case”) consisting of a maximum debt amount of 3,900,000,000 won with respect to each of the lands listed in the separate sheet Nos. 1 to 40,000, and a debtor B and a

(2) Upon delay in the performance of the obligation, Han Bank filed an application for compulsory auction (hereinafter the above voluntary auction procedure and compulsory auction procedure together with the above compulsory auction procedure and the compulsory auction procedure) with respect to each of the instant real estate in March 21, 2012, with respect to each of the instant real estate as Jinwon District Court D, a voluntary auction on each of the instant land as to Jinwon District Court D, and as a general creditor with respect to Jinwon District Court, as to Jinwon District Court G, as to Jinwon District Court, as to each of the instant real estate, and on March 22, 2012, each of the instant real estate as to each of the instant real estate was registered.

3. The Korea L&A Co., Ltd. acquired the secured debt of the instant right to collateral security from one bank on September 6, 2012, and the Plaintiff was transferred from one bank on September 27, 2012 to one bank. On October 2, 2012, one bank notified the fact that it transferred the claim to B, a debtor, of which the notice was reached B at that time, and Article 8 of the Asset-Backed Securitization Act provides that “a special purpose company, etc. shall acquire the mortgage when it is registered with the Financial Services Commission pursuant to the provisions of Article 6(1).”

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