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(영문) 수원지방법원 2018.05.09 2017가단522330
배당이의
Text

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

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

Reasons

1. Basic facts

A. The Industrial Bank of Korea as a mortgagee of the right to collateral security (hereinafter “the Industrial Bank of Korea”) held the land and buildings located in the E (hereinafter “instant real estate”) as joint collateral in order to secure the loans against Co., Ltd. (hereinafter “E”) (hereinafter “the instant loan”). On November 13, 2007, the Industrial Bank of Korea registered the establishment of the right to collateral security on November 13, 2007 with the maximum debt amount of KRW 180,000,000,000 on November 13, 2007, and the maximum debt amount of KRW 216,00,000,000,000,000 on February 4, 2008, and the maximum debt amount of KRW 240,000,000 on February 7, 2011.

B. On March 8, 2016, Nonparty bank entered into an asset acquisition agreement with the Korea Securities and Exchange Corporation (NPL trust business entity No. 2 (NPL) on the transfer of the instant loan claims. On March 29, 2016, the said Korea Securities and Exchange Corporation entered into an agreement on the transfer and acquisition of assets between the Plaintiff and the Plaintiff established pursuant to the Transfer and Asset-Backed Securitization Act (hereinafter “asset Securitization Act”), and transferred the status of the transferee under the said agreement to the Plaintiff. The reason why the Korea Securities and Exchange Co., Ltd., which acquired the instant loan claims, transfers the status of the transferee under the asset acquisition agreement to the Plaintiff. The reason why the Korea Securities and Exchange Co., Ltd., under the Asset-Backed Securitization Act transfers multiple claims to the Plaintiff through asset-backed securitization procedure is that the transfer and transfer of claims, etc. arising from the application of various special provisions under the Asset-Backed Securitization Act, and the procedure for asset-backed securitization registration can be simplified pursuant to Article 26(3)6) of the Act.

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