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(영문) 대전고등법원 2017.03.29 2016나14728
배당이의
Text

The judgment of the first instance shall be revoked.

With respect to the Daejeon District Court A real estate auction case, the above court.

Reasons

Basic Facts

On November 12, 2009, the Industrial Bank of Korea concluded a comprehensive collateral security contract between the Industrial Bank of Korea and B (hereinafter “B”) and the Industrial Bank of Korea on November 12, 2009, and concluded a comprehensive collateral security contract covering all the present and future obligations with respect to the Industrial Bank of Korea, as well as the registration of establishment of the collateral security contract between the Hongsung-gun Land (hereinafter “instant land”) and D’s land at KRW 3 billion with respect to the maximum debt amount, the debtor, B, and the Industrial Bank of Korea.

On November 29, 2012, the Industrial Bank of Korea concluded a contract under which the above comprehensive collateral security was changed to a limited collateral security (hereinafter “instant contract for the change of collateral security”).

At that time, E, as the representative director, entered the limited collateral collateral loan in the contract for the change of collateral security (for a creditor, all debts owed by the debtor in the present and in the future due to the following transactions) in writing.

Then, on October 31, 2013, the joint collateral became extinct due to the registration of cancellation of the right to collateral security on the land above D, and on January 8, 2014, the right to collateral security on the land in this case was changed to KRW 1.2 billion on January 8, 2014.

(hereinafter “instant collateral security”). On November 28, 2014, the Industrial Bank of Korea applied for the auction of real estate rent A, based on the instant collateral security, on November 28, 2014, on the application for auction by the Daejeon District Court Hongsung Branch A, and the auction procedure was commenced on December 1, 2014.

(hereinafter “instant auction procedure”). The Defendant acquired the claim against B of the Industrial Bank of Korea during the instant auction procedure.

G Co., Ltd. shall be from February 11, 2015 to December 8, 2014 to December 5, 2016, KRW 565,116,235 based on the payment order (No. 2014j1335, Dec. 8, 2014), and from December 12, 2014.

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