(영문) 서울남부지방법원 2017.05.17 2016가단47342

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(영문) 서울남부지방법원 2017.05.17 2016가단47342

배당이의

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1. As to the real estate stated in the attached list, a mortgage contract concluded on October 15, 2014 between A and Defendant C is concluded.

Reasons

1. Basic facts

A. The real estate indicated in the separate list owned by A (hereinafter “instant real estate”) was: (a) the maximum debt amount of KRW 38,400,00 on the ground of the contract as of March 22, 2004; (b) the first priority mortgage (hereinafter “first priority mortgage”) created by the debtor A and the defendant bank for the mortgagee A; and (c) the second priority mortgage (hereinafter “second priority mortgage”) created by the debtor and the defendant bank for the debtor bank as of September 17, 2007 on the ground of the contract as of September 17, 2007; and (d) the second priority mortgage (hereinafter “second priority mortgage”) created by the contract as of July 12, 201; and (e) the third priority mortgage established by the agreement as the secured debt amount of KRW 48,00,000,000; and (e) the debtor, the debtor, and the mortgagee credit cooperative for the mortgagee A (hereinafter “the secured debt”).

B. On April 22, 2004, A borrowed KRW 38.4 million from the Defendant bank as collateral, and entered into a limited collateral agreement between the Defendant bank and the Defendant bank to provide the instant real estate as collateral for all the present and future obligations arising from the transaction of the stove loan against the main and branch of the Defendant bank. Accordingly, A completed the registration of the establishment of the instant No. 1 neighboring mortgage.

C. Meanwhile, on September 17, 2007, A borrowed KRW 90,000,000 from the Defendant bank as security for the instant real estate from the Defendant bank.

The limited collateral security contract was concluded with the same content as the above, and the balance of Defendant Bank's existing loans was 30,567,061.

The Defendant Bank completed the establishment registration of the second collateral security right of the instant case with the maximum debt amount of KRW 38,400,000, taking into account the collateral value of KRW 38,400,000, the maximum debt amount of the second collateral security right of the instant case as established.

A shall be excluded from the real estate of this case and from the G Round car of 1996.

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