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(영문) 부산지방법원 2013.11.29 2013가합11518
배당이의
Text

1. Of the distribution schedule prepared on June 20, 2013 by the above court with respect to the case of an application for a voluntary auction of real estate C in Busan District Court.

Reasons

1. Basic facts

A. On June 18, 2008, the Pakistan Mutual Savings Bank Co., Ltd. (hereinafter referred to as the “F”) entered into an additional mortgage contract with D Co., Ltd. (hereinafter referred to as the “D”) with respect to the amount of size 29,586m29,586m2 (hereinafter referred to as the “instant real property”) owned by D as the maximum debt amount of 1,274,000,000 won and the debtor F Co., Ltd. (hereinafter referred to as the “F”). On the same day, the registration of the establishment of a joint mortgage with respect to the instant real property as to the Busan District Court No. 26438, Jun. 18, 2008.

(hereinafter “instant joint collateral security”). B.

On May 13, 2011, the Pakistan Savings Bank transferred to the Defendant the claim amounting to KRW 200 million, which is part of its loan claims against its Defendant, and entered into a contract with the Defendant and F on the assignment of the right to collateral security (hereinafter “transfer of the right to collateral security”) as follows, and completed the supplementary registration before the transfer of the right to collateral security on the same day with the Defendant and F.

(2) The Defendant’s transfer of the instant real estate to the Defendant is not a supplementary registration prior to the instant joint collateral (hereinafter “instant collateral”). The Pacific Savings Bank under Article 1 of the instant joint collateral assignment agreement (hereinafter “original contract”) shall transfer to the Defendant the instant joint collateral security (hereinafter “instant joint collateral security”) only the right to collateral created with respect to the instant real estate, which was not a supplementary registration prior to the instant joint collateral security (hereinafter “instant joint collateral security”). The instant joint collateral security (hereinafter “instant joint collateral security”) shall be transferred to the Defendant of the instant joint collateral security (hereinafter “instant joint collateral security”).

Section 7. This Agreement does not change the claims held by the Pakistan Savings Bank under the original contract, and at the same time, with respect to this contract, all provisions of the original contract except as otherwise provided by the group.

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