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(영문) 춘천지방법원 2016.02.02 2015가단3955
배당이의
Text

1. The plaintiff's main claim is dismissed.

2. B: (a) on August 1, 2014, the Defendant is 249 square meters prior to C in Chuncheon City, the Defendant.

Reasons

1. The amount of loan extended on June 18, 1996 for the date of maturity of the loan, the amount of which is recognized as the date of maturity, which is KRW 6,000,000 on June 18, 1998, and KRW 6,000,000 on April 17, 1999

B entered into a loan transaction agreement with the Korea High Credit Union on the following terms:

B. On October 6, 2003, the plaintiff (the reorganization financial corporation of the mutual company before the change) went bankrupt and acquired each of the above loans from the trustee in bankruptcy of the Korea Deposit Insurance Corporation of the Japan Credit Union, and notified B of the assignment of the above loans.

C. The plaintiff filed a lawsuit against B, etc. against the Seoul Central District Court 2004Gada1084868, and the above court rendered a judgment on July 6, 2004 that "the defendants jointly and severally against the plaintiff, the defendants are 38,262,521 won and 16,00,000 won, and the defendant B shall pay 3,879,839 won and 3,301,029 won with 25% interest per annum from September 2, 2003 to the day of full payment." The above judgment became final and conclusive on August 3, 2004.

(hereinafter “instant judgment”) D.

Meanwhile, B borrowed approximately KRW 50,00,000 from around 1990 to around 1992 from the Defendant, and completed the registration of creation of a mortgage over the maximum debt amount of KRW 249 square meters (hereinafter “instant real property”), which was owned by the Defendant, on April 17, 1992, with respect to the registration of creation of a mortgage over the maximum debt amount of KRW 60,000 (hereinafter “registration of creation of a mortgage over the instant real property”) from April 17, 1992 to 8659.

E. As the Defendant did not repay the secured obligation of the above collateral, the Defendant applied for the commencement of voluntary auction of the real estate (hereinafter “instant voluntary auction”) to Chuncheon District Court D with regard to the instant real estate, and received a voluntary decision to commence the auction.

F. On May 19, 2015, the Chuncheon District Court rendered a distribution schedule stating that the Defendant, the mortgagee of the right to collateral security at the time of the registration of the establishment of the neighboring mortgage of this case, shall distribute the full amount of KRW 26,179,038 to the Defendant.

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