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수원지방법원 2016.05.12 2015가단129102
배당이의
Text

1. The plaintiff's primary claim against the defendants is dismissed in entirety.

2. C:

A. Attached list A between the Defendant A.

Reasons

1. Facts of recognition;

A. The Industrial Bank of Korea extended C a total of KRW 1,389,000,000 from March 15, 2004 to February 4, 2010. As to the real estate indicated in the separate sheet (hereinafter “instant real estate”), the Industrial Bank of Korea was created a collateral security (hereinafter “instant collateral security”) with regard to the additional maximum debt amount of KRW 1,320,000,000 on January 10, 207.

B. On December 6, 2013, the Defendants leased each of 66 square meters of the instant real estate, which is part of one story, from C, as of December 6, 2013, by setting the respective deposit amounting to 18,000,000, and the lease period as of December 6, 2015 (hereinafter collectively referred to as “instant lease agreement”).

C. On March 4, 2014, the Industrial Bank of Korea concluded an asset acquisition agreement with a stock company on March 4, 2014 with respect to the above loan claims against C and credit card claims totaling KRW 912,651,238, and on March 27, 2014, Korea L&A entered into an agreement with Korea on March 27, 2014 to transfer the status of the transferee of the above asset acquisition agreement to the Plaintiff.

On March 28, 2014, the Industrial Bank of Korea notified C of the transfer of its claim against C to the Plaintiff according to the above contract.

Meanwhile, on the other hand, the Industrial Bank of Korea filed an application for voluntary auction with Suwon District Court D (hereinafter “instant voluntary auction”) regarding the instant real estate, and rendered a decision of commencing March 7, 2014. Upon the sale of the instant real estate, the court of auction prepared a distribution schedule that distributes each of the instant dividends of KRW 7,50,000 to the Defendants as commercial tenants, and KRW 856,971,719 to the Plaintiff as the secondary distribution right holder (hereinafter “instant distribution schedule”).

E. In the instant voluntary auction procedure, several real estate owned C, other than the instant real estate, became an object of auction, and the appraised value was a total of KRW 1,335,037,360.

With respect to the instant real estate, in addition to the instant mortgage, the maximum debt amount of August 12, 2010 shall also be KRW 130,000,000,000, the mortgagee E-mortgage, the maximum debt amount of May 2, 2012, and the mortgagee A, respectively.