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(영문) 의정부지방법원고양지원 2015.07.24 2014가단41523
배당이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On March 26, 2009, our bank loaned KRW 400,000,000 to C (hereinafter “C”) under the name of “general loan” and “retailing finance general loan” in the type of loan, and on the same day, it set up the second-class collateral security right as to F apartment Nos. 1391 (hereinafter “non-real estate”) on the two lots, owned by D, the representative director of C, and owned by C, the maximum debt amount of KRW 480,00,000.

After all, on May 31, 2013, the principal of the loan was reduced to 240,000,000 won while making a re-agreement on the instant loan 1.

B. On October 18, 2012, our bank loaned KRW 220,000,000 to C as the “general loan” of the subject of loan, and “general loan for business operation” of the type of loan (hereinafter “instant two loan”), and on the same day, in respect of the G apartment Nos. 1806, 1302 (hereinafter “instant real estate”), the first-class collateral security was established as KRW 264,00,000,00 for the maximum debt amount with respect to the G apartment Nos. 1806, Seo-gu, Busan Metropolitan City (hereinafter “instant real estate”).

C. On the other hand, around July 2, 2013, the Plaintiff set up a right to collateral security, which is 100,000,000 for the debtor with respect to the instant real estate.

Meanwhile, as of March 31, 2014, the balance of the instant loan 1 remains at KRW 206,750,518, and the balance of the instant loan 2 at KRW 91,660,000.

On April 21, 2014, the Korean bank filed an application for the commencement of voluntary auction to the District Court B with respect to the instant real estate, and the auction procedure was conducted according to the decision.

E. In the foregoing distribution procedure, on December 9, 2014, the said court drafted a distribution schedule to the effect that the Defendant who acquired the claim of the Bank, distributes the total amount of KRW 248,907,361, which is the remainder other than the pertinent tax, to the Defendant who acquired the claim of the Bank

(hereinafter “instant distribution schedule”). The Plaintiff appeared on the date of distribution, and raised an objection against KRW 100,000 out of the Defendant’s dividend amount.

[Grounds for recognition] There is no dispute, A, and A.

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