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(영문) 부산고등법원 2017.12.22 2017누21876
공매대금배분처분취소
Text

1. Of the judgment of the court of first instance, the part against the Plaintiff (Appointed Party) that orders revocation below.

Reasons

1. Scope of the judgment of this court;

A. The scope of the appellate court’s judgment is limited to the scope of appeal filed by the appellant among the parts of the first instance judgment that were transferred to the appellate court.

B. In the first instance court, the Plaintiff sought revocation of the disposition of distribution of proceeds from public sale, correction of proceeds from public sale, as stated in the purport of the claim, and the first instance court rejected the remainder of the claim. The first instance court accepted the revocation of the disposition of distribution of KRW 43,770,507 against the National Agricultural Cooperative Federation and the revocation of the disposition of distribution of KRW 657,028,446 against the Credit Guarantee

Accordingly, among the part against which only the plaintiff lost, the revocation of the allocation disposition of KRW 428,725,532 against the Dongyang Savings Bank, and the revocation disposition of KRW 50,000 against I regarding the I was appealed, and the subject of the judgment by this court is limited to the part against which the plaintiff raised the appeal.

2. Details of the instant disposition

A. The Intervenor joining the Defendant, Dongyang Savings Bank, and I’s collateral security 1) (hereinafter “ Intervenor”)

) Dongyang Savings Bank (the trade name at that time was changed to the Dongyang Savings Bank, the Dongyang Savings Bank, the Dongyang Savings Bank, or the current trade name on November 11, 2010, and hereinafter “ Dongyang Savings Bank, the Dongyang Savings Bank.”

on April 29, 1995, E Co., Ltd. (hereinafter referred to as “E”).

A) On April 29, 196, the repayment period was set at KRW 150 million, and the F jointly guaranteed the loan obligation of KRW 100 million. The F, on April 29, 1995, concluded the registration of creation of a mortgage on each of the instant real estate to the Intervenor Dong Yang Savings Bank with the Intervenor at Dongyang Savings Bank with the maximum debt amount of KRW 50 million, jointly and severally liable F, and E. 2) G lent the interest rate of KRW 2.5% on September 18, 1995 to H, who is the son of F, as the interest rate of KRW 50 million on December 18, 195, and the due date of repayment of KRW 500,000 on November 5, 1995. The F loaned the interest rate of KRW 2.5 million on February 5, 195, and the due date of repayment of the loan was determined on February 8, 1996.

F In order to secure H’s above loan obligations, the F shall set forth in [Attachment 1] Nos. 3, 4, 1995 to G on September 18, 199.

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