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(영문) 부산지방법원 2018.12.05 2018나51072
배당이의
Text

1. Revocation of the first instance judgment.

2. The plaintiff's primary claim and the ancillary claim added by this court are all available.

Reasons

1. Basic facts

A. On February 29, 2012, the Plaintiff loaned KRW 148,00,000 to D and completed the registration of creation of a neighboring mortgage (hereinafter “registration of creation of a neighboring mortgage”) with respect to F apartment Nos. 103 1201, 1201, Busan District Court Seosan Branch Office, Busan District Court (hereinafter “instant real estate”) on February 29, 2012, the maximum debt amount of KRW 177,60,000, the debtor, D, and the mortgagee as the Plaintiff.

The scope of secured obligation is all obligations due to credit transaction that the debtor owes to the plaintiff in the past, in the present and in the future, and obligations due to credit card transaction.

B. Meanwhile, on the other hand, on February 29, 2012, the maximum debt amount of the instant real estate was KRW 10,000,000, and the obligor and the mortgagee were completed the registration of creation of a neighboring mortgage to the E-B and the mortgagee of the said real estate as G.

On June 4, 2013, the Plaintiff acquired the secured debt of the above secured debt, and completed supplementary registration prior to the above secured debt with the Plaintiff as the mortgagee on the same day.

C. On February 29, 2012, the Defendant completed the registration of creation of a neighboring mortgage against the Defendant, under Article 11212 of the above Act, with respect to the instant real estate on February 29, 2012, the maximum debt amount of KRW 35,00,000, and the obligor, E and the mortgagee, as the Defendant.

Upon the Defendant’s application, on June 30, 2015, the procedure for the voluntary auction of real estate (hereinafter “instant auction”) was initiated as Busan District Court B with respect to the instant real estate, and the said court designated the completion period for the demand for distribution as September 10, 2015.

On April 26, 2017, at the request of creditor H, the procedure for compulsory auction was initiated to Busan District Court C with respect to the real estate in this case, and such voluntary auction was combined.

E. The Plaintiff loaned KRW 10,000,000 to D on October 28, 2015, and KRW 10,000,000 to D, each of the loan transaction agreements provides that the loan date is October 27, 2015, but the Plaintiff’s assertion is governed by the loan transaction agreement.

A.

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