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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. Basic facts
A. On December 30, 2005, the Plaintiff established the right to collateral security (hereinafter “instant right to collateral security”) of KRW 324,000,000 for each real estate listed in the separate sheet (hereinafter “each real estate of this case”) as the Suwon District Court’s registry office and received on the same day, and borrowed KRW 270,000,000 from the bank as collateral.
B. As the principal and interest of the instant real estate is not repaid at the due date, on February 15, 2013, our bank applied for auction of real estate in Suwon District Court B with respect to each of the instant real estate, and on February 18, 2013, issued a decision to commence a voluntary auction from the said court.
C. On September 30, 2013, when the said auction case was in progress, our bank transferred the above principal and interest interest claim to the Defendant, a special purpose company under the Asset-Backed Securitization Act.
On October 1, 2013 and October 2, 2013, the Defendant notified the Plaintiff of the assignment of claims by content-certified mail (each of the above assignment of claims did not reach the Plaintiff on the grounds of the unknown recipient), and on October 4, 2013, the Defendant publicly announced the assignment of claims in the nationwide daily newspaper and Asia.
E. On October 8, 2013, the Defendant filed an application with the above auction court for the change of obligee (application for intervention) on the ground of the assignment of claim as above.
F. After the above auction court, the above auction court continued to proceed with the above auction procedure with the Defendant as a creditor, and decided to permit the sale of each of the instant real estate. On April 15, 2014, the court prepared a distribution schedule with the content that distributes the amount of KRW 324,00,000 to the Defendant, who is the mortgagee of the instant collective security, and KRW 120,315,144 to C, who is the mortgagee of the instant collective security, in the second order.
On the date of the above distribution, the plaintiff raised an objection against the above amount of distribution against the defendant, and the Suwon District Court against the defendant.