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(영문) 수원지방법원성남지원 2014.11.13 2014가합6059
배당이의
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On October 18, 2006, each real estate listed in the separate list of the real estate owned by Nonparty C (hereinafter “the instant real estate”) was registered as the establishment of a neighboring mortgage on the attached list of the real estate owned by Nonparty C with the maximum debt amount of KRW 2,340,000,000,00, and the debtor C and Han Bank Co., Ltd. (hereinafter “I Bank”) as indicated below.

On October 18, 2006, the debtor of the maximum debt amount on the date of establishment of the sequence 1, 200, the debtor of the right to collateral security, and the 2,340,000,000 [Attachment 2] No. 2] No. 260,000,000 on October 18, 2006, Hana Bank Co., Ltd. 3, 18, 2006, 1,300,000 won on October 1, 2006, 200, Hana Bank Co., Ltd., Ltd., Ltd. 4, 200,000,000 won on April 1, 2019, 201, The defendant Hana Bank Co., Ltd., Ltd., Ltd. 5, 200,000 won on April 19, 2013

B. On December 4, 2013, the Plaintiff filed an application for a compulsory auction for real estate auction (hereinafter “instant auction”) with the Suwon District Court Sungnam Branch B on the instant real estate based on the promissory note No. 200,000,000, which was received as consolation money, in consultation with Nonparty C on December 4, 2013.

C. On February 17, 2014, the Defendant Woori Bank submitted a claim statement of KRW 696,62,175 (i.e., the principal amount of KRW 693,609,707 Won 3,052,468) (i.e., the total amount of KRW 738,021,834 (i.e., the principal amount of KRW 700,000,000), and submitted a claim statement of KRW 38,021,834 (i.e., the total amount of KRW 38,021,834) on July 10, 2014; one bank submitted a claim statement of KRW 3,350,892,183 on February 24, 2014 (i.e., the principal amount of KRW 3,35,000,000).

On June 26, 2014, the Han Bank transferred to the defendant special purpose company all of the loan claims against Han Bank with respect to the Han Bank as assets registered pursuant to Article 6 of the Asset-Backed Securitization Act (hereinafter “Asset-Backed Securitization Act”), and on June 27, 2014, and June 30, 2014, the said assignment of claims is by mail certified.

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