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(영문) 의정부지방법원 2018.04.20 2017나207308
배당이의
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. D Co., Ltd. (hereinafter “Korea Bank”) on October 11, 2007

(1) The general household loan of KRW 250,000,000 (hereinafter referred to as “the first loan”)

2) On the same day, the Bank received the first floor No. 108 (hereinafter referred to as the “instant building”) of the first floor of the Yongsan-gu, Yongsan-gu, Busan Metropolitan City C apartment Complex No. 108 (hereinafter referred to as the “instant building”).

(1) The establishment registration of a mortgage on the maximum debt amount of KRW 300,000 (hereinafter referred to as the “mortgage 1”) shall be deemed as the “mortgage 1”).

(2) On July 30, 2008, D obtained a corporate general loan of KRW 50,000 (hereinafter “second loan”) from the Bank. On July 31, 2008, 2008, Korea Bank completed the registration of creation of a neighboring mortgage of KRW 60,000 (hereinafter “second collateral mortgage”) of the instant building.

3) D) On May 11, 2009, an enterprise ordinary loan of KRW 50,000,000 from our bank (hereinafter “third loans”).

2) On the same day, us bank shall register the creation of a neighboring mortgage of KRW 60,000,000 (hereinafter “third collateral mortgage”) on the same day.

4) On July 11, 201, D obtained a general household loan of KRW 30,000,000 from the Bank (hereinafter “No. 4”). On January 6, 2015, D obtained a general household loan of KRW 82,000,000 (hereinafter “No. 5”).

5) On May 12, 2015, the Plaintiff completed the registration of the establishment of a neighboring mortgage with the maximum debt amount of KRW 272,00,000 for the instant building. 6) Nos. 1, 2, and 3 of the 1, 2, and 3 of the 2015: (a) the right to collateral security was a comprehensive collateral mortgage for all obligations arising from credit transaction between D and our bank; and (b) loans Nos. 4 and 5 were credit loans that did not provide separate

B. The Korean bank, following the auction process, filed an application for a voluntary auction for the enforcement of the right to collateral security (1, 2, and 3) with the Jung-gu District Court, and the said auction court rendered a voluntary decision to commence the auction on April 11, 2016, and rendered the decision to commence the auction on the same day on the instant building.

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