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(영문) 부산지방법원 동부지원 2021.03.11 2019가단226250
배당이의
Text

All of the plaintiff's claims are dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. D Association implemented each of the following loans to Nonparty E, and completed the registration of establishment of a right to collateral security (hereinafter “instant real estate”) with respect to land and above-ground buildings in Suwon-gu, Busan (hereinafter “the instant real estate”) owned by Nonparty E, as follows:

. Terms and conditions of loans: 123,00,000,000 110,000,000 9,694,9319,931,000,00 18,00 18,00,00 on March 2, 2017, 200 18,280,00,000 2,039,119,200,319, 206. 36. 16. 0,00,00,000,000, 30,000,000,000,000,000,000,000,005, 27. 3. 6. 1, 206. 3,06,00,00, 270, 2705, 270, 2705, 2704

B. D Union established a right to collateral security of KRW 105,300,000,000, which is equivalent to KRW 130% of the above loan on December 19, 2014, when it extended KRW 81,000 to E on December 19, 2014. On April 4, 2016, it extended KRW 47,100,000 to KRW 75,90,000 in addition to the balance of KRW 8,100,000 out of the existing loan amount of KRW 123,00,000 on one loan, and additionally set up a right to collateral security of KRW 71,370,000 on the instant real estate (it is calculated that it was erroneous to set up a right to collateral security of KRW 130,000 on the instant real estate) and additionally granted a loan to KRW 123,00,0000 on May 31, 2017.

On April 4, 2016, 141,240,000 won including the balance of loans of KRW 116,240,000 and the additional loans of KRW 25,000,000 were additionally set up a collateral security of KRW 141,240,000 (= KRW 183,612,00) for establishing a collateral security equivalent to KRW 183,612,00.

B. E delays the repayment of each of the above loans, D Union shall be supported by the Busan District Court with respect to the instant real estate.

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