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(영문) 서울동부지방법원 2018.02.06 2017가단119814
배당이의
Text

1. On February 1, 2016, the bankruptcy debtor A and the defendant, among the instant lawsuit, regarding the real estate indicated in the separate real estate list.

Reasons

1. Facts of recognition;

A. On April 14, 2001, A completed the registration of ownership transfer on the instant real estate. On April 14, 2001, A completed the registration of ownership transfer with respect to the Korea Light Bank, and on April 14, 2001, Korea Light Bank completed the registration of creation of a neighboring mortgage, which is the maximum debt amount of KRW 140,000,000, total debt amount was changed to KRW 60,000 on August 23, 2002.

In addition, upon receiving a loan from the Korean bank on January 18, 2005, A completed the registration of creation of a neighboring mortgage of the maximum amount of 60,000,000 won to the Korean bank. On December 27, 2011, upon obtaining a loan from the Korean bank, A completed the registration of creation of a neighboring mortgage of the maximum amount of 156,00,000 won to the Korean bank. On October 26, 2012, A completed the registration of creation of a neighboring mortgage of the maximum amount of 33,60,000 won to the Korean bank. However, the said mortgage was transferred on May 9, 2016 to the Korea Credit Guarantee Fund on the ground of partial subrogation of the final credit payment by the Korea Credit Guarantee Fund.

B. On February 12, 2016, A, as he/she was unable to repay the money borrowed from the Defendant, entered into a mortgage agreement (hereinafter “instant agreement”) with C on the maximum debt amount of 420,000,000,000 with respect to the instant real estate, and on the same day, A completed the registration of creation of a mortgage (hereinafter “mortgage”) with respect to the instant real estate to the Defendant, which constitutes a maximum debt amount of 420,000,000,000.

C. On April 1, 2016, A filed an application for bankruptcy and exemption with the Seoul Rehabilitation Court Order 2016Hadan2412, and the Seoul Rehabilitation Court declared bankruptcy against A on June 20, 2016 and appointed the Plaintiff as the bankruptcy trustee of A.

A, at the time of declaration of bankruptcy, was liable for approximately KRW 1.1 billion, such as loans to a large number of financial institutions.

E. Our Bank Co., Ltd. is above A.

On July 5, 2016, the court filed an application for the commencement of voluntary auction with regard to the instant real estate as the mortgagee of the right to collateral security, and received a voluntary decision on commencement of auction from this court. The instant real estate was sold during the above auction procedure on July 23, 2017.

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