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(영문) 서울고등법원 2016.05.13 2015나2043477
파산채권자표기재무효확인
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

Reasons

1. Basic facts

A. On September 11, 2006, Korea Exchange Bank Co., Ltd.: (a) lent KRW 600 million to B on September 11, 2006; (b) leased KRW 4,793 square meters prior to Dacheon-si, G 108 square meters; (c) KRW 2,108 square meters prior to G 287 square meters; (d) KRW 4,757 square meters prior to M forest; (e) KRW 5,284 square meters prior to Dacheon-si; (e) KRW 4,793 square meters prior to D; (e) KRW 4,118 square meters prior to D; (e) KRW 2,108 square meters; (e) KRW 679 square meters prior to D; and (e) KRW 1,429 square meters prior to G 283 square meters; and (e) KRW 287 square meters prior to G283 square meters; and (e) KRW 281,291 forest and forest.

The above nine parcels of land is “the secured real estate of this case”

(2) On June 18, 2008, the Korea Exchange Bank completed the registration of creation of a mortgage over the maximum debt amount of KRW 780 million. 2) On the instant secured real estate, on June 18, 2008, when the procedure for the auction of the real estate in relation to the instant secured real estate (hereinafter “instant voluntary auction procedure”), transferred the said secured mortgage claim to a limited company specialized in foreign currency-building and land-backed securitization (hereinafter “special purpose company”), and completed additional registration prior to the mortgage transfer on June 18, 2008 with respect to the instant secured real estate.

3) On January 2, 2009, N subrogated to a special purpose company KRW 100,000,000, which is part of the above collateral collateral obligation of B, on June 30, 2009. On June 30, 2009, N subrogated to the special purpose company for additional registration of partial transfer of the collateral security on the ground of partial subrogation of the finalized claim with respect to the instant secured real estate. On February 13, 2009, the special purpose company completed the additional registration of the instant secured real estate on February 13, 2009. Of the instant secured real estate of this case, the special purpose company: 675 square meters prior to Echeon-si, J-si, 1,42

(4) On November 20, 2009, the special purpose company withdrawn the application for voluntary auction of this case. (4) On November 20, 2009, the special purpose company transferred claims, such as the remaining collateral collateral (e.g., 507,574,158 won and interest thereon) to the Gyeonggi Savings Bank Co., Ltd. (hereinafter “Game Savings Bank”), and the Gyeonggi Savings Bank is above December 4, 2009.

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