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(영문) 의정부지방법원고양지원 2015.04.03 2014가단21093
배당이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Facts of recognition

On June 2, 2006, the non-party C, who established a right to collateral security, took out a loan of KRW 200,000,000 from a bank of Han-gu Co., Ltd. (hereinafter “non-party C”) on June 2, 2006, concluded a right to collateral security contract with the maximum debt amount of KRW 260,00,00 with respect to the D Apartment No. 1501, Yongsan-gu, Yongsan-gu, Busan Metropolitan City, and completed the registration of establishment of collateral security (hereinafter “the right to collateral security of this case”) on June 23, 2006 as the grounds for the registration.

At the time of the establishment of the instant right to collateral security, the phrase “a creditor is able to choose either of the three types (specific collateral, limited collateral, and comprehensive collateral) as to the scope of the secured obligation under Article 1 subparag. 1 is written in the same word, and as to the bottom of the agreement, the phrase “a creditor is able to choose either of the three types (specific collateral, limited collateral, and comprehensive collateral) as to the scope of the secured obligation under Article 1 subparag. 1 is written in the same word, and as to the comprehensive collateral security at the bottom, the word “a debtor is written in the same word, as to the bill lending, bill lending, deed lending, trust loan, discount, payment guarantee, transaction at discount, commercial bond transaction, bond acceptance, foreign exchange transaction, and other credit transaction, all obligations arising from the credit card transaction (excluding the case where a third party other than the debtor provides a collateral), and as to the above transaction with the creditor and the third party, C is written in the corresponding part as a “general collateral.”

On December 19, 2006, C concluded a contract for the change of a right to collateral security on December 19, 2006 and repaid the above loans in lump sum, and at the same time, loans from the non-party bank to KRW 180,000 (HLR-3 months), which are extended from the non-party bank as general loans for household loan, installment repayment terms, interest rate of loan, and KRW 180,000 (HL-3 months).

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