logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 고양지원 2017.04.27 2016가단27767
배당이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. 1) The Korean Bank (hereinafter referred to as the “Stock Company”) is exempt from the registration of establishment of a mortgage on the part of the Bank in Korea.

(2) On June 2, 2006, the Plaintiff extended KRW 150 million to B on June 2, 2006 (hereinafter “instant loan 1”).

In order to secure the same day, three real estate (hereinafter “instant real estate”) such as land and building C and D land owned by Ildong-gu, Seoyang-si, Seoyang-si, Seoyang-si.

2) The lower court determined that the establishment registration of a mortgage was completed on the basis of the maximum debt amount of KRW 180 million (hereinafter “mortgage”).

(2) On January 8, 2015, the Bank extended a loan of KRW 150 million to the Company’s general capital in B.

(hereinafter “instant Second Loans”). (b)

On March 18, 2008, the Plaintiff completed the registration of the establishment of a mortgage with the maximum debt amount of KRW 350 million on the instant real estate.

C. 1) On May 28, 2015, the Bank applied for a voluntary auction on the instant real estate and applied for by the Bank for a voluntary auction on the instant real estate, and on May 28, 2015, the voluntary auction procedure A with the Jung-gu District Court Senior District Court (hereinafter referred

(2) On September 24, 2015, Korea Bank transferred each of the above loans to the Defendant on or around September 24, 2015, and completed the supplementary registration of the previous collateral security on October 6, 2015 with the mortgagee as the Defendant on the ground of the transfer of the confirmed claim.

3) In the instant auction procedure, the Defendant submitted a claim statement of KRW 297,321,60, the sum of principal and interest of the loans Nos. 1,297,321,602 (= Principal KRW 180,013,287 interest at KRW 117,308,315) as the secured claim of the instant mortgage (i.e., the instant auction court). 4) Of the amount to be actually distributed on the date of distribution implemented on November 22, 2016, the Defendant issued the first order of KRW 450,394,100 among the amount to be actually distributed on the date of distribution implemented on November 22, 2016 (the pertinent tax), first order of KRW 494,100, and second order of KRW 180,000,000 with the maximum debt amount of the instant right to collateral security, which is a junior mortgagee, to the Defendant, who

arrow