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(영문) 인천지방법원부천지원 2016.05.26 2015가단113646
배당이의
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Industrial Bank of Korea (hereinafter “the Bank”) entered into a mortgage agreement with the above company on August 31, 2006 in order to secure loans against E Co., Ltd. (hereinafter “E”) and completed a mortgage agreement with the above company on August 31, 2006 regarding the establishment of a mortgage agreement of 3,831 square meters of G factory site in Kimpo-si, Kimpo-si, owned by the above company, with the maximum debt amount of KRW 230,00,000 (Joint Security List No. 206-871) and the maximum debt amount of KRW 1,20,000,000, and the establishment of a mortgage agreement with the above company on February 14, 207 (hereinafter collectively referred to as “the real property of this case”), with respect to the establishment of a mortgage agreement of 4 operation of G factory building owned by the above company (hereinafter referred to as “the above factory building and 4 operation of G factory site and 3,831 square meters, each of the maximum debt amount of Japan, 20000,0000.

B. The plaintiff is entitled to do so from Industrial Bank of Korea.

The secured claim in the collateral security register was taken over.

C. After that, on September 23, 2013, with respect to the instant real estate, a voluntary auction procedure was initiated as D with the Incheon District Court Branch Branch D upon the Plaintiff’s application, and the instant real estate was sold during the said voluntary auction procedure.

On the other hand, B applied for a demand for distribution as a wage creditor in the above auction court on December 3, 2013.

After December 2, 2014, Incheon District Court 2014Hadan10069 applied for a bankruptcy proceeding and was declared bankrupt on December 2, 2014, and C was appointed as a bankruptcy trustee of B.

On February 2, 2015, Defendant B’s bankruptcy trustee submitted a report on the declaration of bankruptcy and succession to the status of creditors to the above auction court, and submitted a demand for distribution.

E. The auction court opened a date of distribution on September 9, 2015 to H, who is the party to the selection of the said voluntary auction procedure, total of KRW 54,301,58,00,000,000 to be actually distributed.

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