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(영문) 대전지방법원서산지원 2017.10.17 2017가단51773
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. As to each of the lands listed in the separate sheet Nos. 1 through 9 (hereinafter “instant land”), the Industrial Bank of Korea (hereinafter “the Industrial Bank of Korea”) owned the said land (hereinafter “the instant land”) and owned the said land, the Industrial Bank of Korea completed the registration of creation of each of the collective security rights (hereinafter “instant collective security rights”) with the maximum debt amount of KRW 840 million on March 6, 2014, the maximum debt amount of KRW 250 million on March 7, 2014, the maximum debt amount of KRW 256 million on March 7, 2014, and the amount of KRW 960 million on March 7, 2014, and lent money to the Nonparty Company.

B. On October 7, 2014, the Industrial Bank of Korea was issued a decision to commence voluntary auction on the instant land by this court (this court; hereinafter “instant voluntary auction”).

C. On September 18, 2014, the Industrial Bank of Korea issued a payment order (hereinafter “instant payment order”) to the Industrial Bank of Korea on March 7, 2014 with the content that the non-party company would pay the amount of KRW 122,58 million remaining after the Defendant, the guarantor of the non-party company, except the amount of KRW 1.222,222 billion repaid by the non-party company, and the payment order from July 7, 2014 to the date of delivery of the original copy of the payment order, 11% per annum, and 20% per annum from the next day to the date of full payment (hereinafter “instant payment order”). The above payment order was finalized on October 9, 2014.

On October 6, 2015, the Industrial Bank of Korea was issued a ruling to commence a compulsory auction (this case’s compulsory auction; hereinafter “instant compulsory auction”) with respect to the buildings listed in the [Attachment List No. 10 (hereinafter “instant buildings”) listed in the [Attachment No. 10] with the title of execution of the instant payment order as the title of execution.

E. On March 26, 2015, the Plaintiff entered into an agreement with the Industrial Bank of Korea and the Korea Securities Finance Corporation on the acquisition of claims against the non-party company of the Industrial Bank of Korea. The Plaintiff notified the non-party company of the assignment of claims and announced the assignment of claims in two or more daily newspapers.

F. The procedure for compulsory auction of this case is a case.

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