logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2018.08.17 2018나2002507
배당이의
Text

1. The plaintiff's appeal and the claim extended in the trial are all dismissed.

2. The costs of the lawsuit after the appeal are filed.

Reasons

Basic Facts

In this part, the reasons for this court's statement are as follows, and it is identical to the part of "1. Recognizing the facts" of the first instance court decision. Thus, it is accepted by the main text of Article 420 of the Civil Procedure Act.

The third party decision of the first instance shall be 1-B.

The term "debtor E" in the second line shall be changed to "debtor J" and shall be entered.

Then, “the Plaintiff raised an objection against the Defendants on the date of distribution” was added to “the Plaintiff raised an objection against the entire amount of distribution to the Defendants on the date of distribution.”

The key point of the Plaintiff’s claim against Defendant EFK 1509 is that a loan of KRW 35 million to the Plaintiff’s National Bank on April 25, 2003 is included in KRW 241.5 million on February 21, 2007, and a loan of KRW 15 million on May 22, 2012 is merely extended for the extended period of KRW 241.5 million.

Therefore, the Plaintiff’s loans to the National Bank are totaling KRW 241.5 million, and the principal of the secured debt of KRW 313,950,000 for the instant real estate is also KRW 240,150,000 for the secured debt of KRW 313,950,000.

On the other hand, before the enforcement of the Real Name Financial Transactions Act, the Plaintiff deposited a deposit with the National Bank using the name of "A".

The plaintiff sought the above deposit and intended to repay the loan amounting to KRW 241,500,000.00,000. However, the deposit owner A and the plaintiff failed to find the deposit due to the failure to prove that the plaintiff is the same person. Accordingly, the plaintiff filed an application for name with the court.

During that process, a national bank applied for the voluntary auction of this case without notifying the Plaintiff, and further, voluntarily withdrawn the deposit deposited by the Plaintiff under the name A, and was repaid KRW 241.5 million on September 2, 2015.

Therefore, there is no obligation of the plaintiff to the National Bank.

Nevertheless, the Korean National Bank continues the procedure of voluntary auction in this case by transferring the claims against the plaintiff to the Defendant EFK 1509 securitization specialized.

arrow