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(영문) 수원지방법원안산지원 2015.05.29 2013가단111545
배당이의
Text

1. The plaintiff succeeding intervenor's primary claim and the conjunctive claim are all dismissed.

2. Of the costs of lawsuit.

Reasons

1. Basic facts

A. On December 16, 2009, the Solomon Mutual Savings Bank (formerly: Solomon Mutual Savings Bank (formerly: Solomon Mutual Savings Bank) had a claim for a loan against C (the principal debtor is E (former name: F) and C is a joint guarantor). In order to secure this, the principal debtor completed the registration of creation of a mortgage over the instant real estate owned by C with the maximum debt amount of KRW 231,40,000,000.

(hereinafter “instant collateral security”). B.

The Korea Financial Savings Bank, a stock company, transferred the pertinent loan-related contract from Solomon Mutual Savings Bank, and completed the registration of transfer of the instant collateral security on November 8, 2012.

C. When the Korea Financial Savings Bank was unable to obtain the above loans, it applied for the auction of real estate rent to Suwon District Court B on the basis of the instant collateral security, and the said court rendered a voluntary decision to commence the auction on April 8, 2013.

The plaintiff transferred the above loan claims from the Korea Financial Savings Bank and completed the notification of the transfer of claims at that time, and the creditor in the above voluntary auction case was changed from the Korea Financial Savings Bank to the plaintiff.

E. During the aforementioned voluntary auction procedure, the Plaintiff calculated and reported the secured debt of the instant right to collateral security at KRW 178,00,000 as principal and interest KRW 81,152,290, total amount of KRW 259,152,290.

F. On April 19, 2013, the Defendant asserted that the instant real estate was a small lessee who entered into a lease agreement with the term of lease from June 10, 2012 to June 9, 2014, and filed a report on the right and demand for distribution.

G. On November 28, 2013, the execution court of the said voluntary auction case held that KRW 20,000,000 shall be based on the first order of the defendant who demanded a distribution as a small lessee on the date of distribution, and KRW 308,80,800 shall be based on the second order of the person holding the right to deliver (the pertinent tax), and KRW 138,861,180 shall be based on the third order of the plaintiff who is the applicant creditor and the right to collateral security.

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