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(영문) 인천지방법원 부천지원 2018.02.09 2017가합100672
배당이의
Text

1. On February 23, 2017, this Court against the Plaintiff out of the distribution schedule prepared by this Court concerning DD real estate auction cases.

Reasons

1. Basic facts

A. (1) The details of the right to collateral security regarding E, etc. 1) FF bank (hereinafter “F bank”). On August 25, 2008, the Plaintiff completed the registration of the establishment of joint collateral security with respect to the said right to collateral security at KRW 12,00,000,000,000 for each of the five real estates, including E, E, H, I, J, and H, and H, and the individual real estates, including E, E, and H, are specified only for several units. As to the foregoing, the Plaintiff completed the registration of the establishment of joint collateral security at KRW 12,00,000 for the said right to collateral security at KRW 9,120,000 on March 16, 201 (hereinafter “the right to collateral security”).

(2) Defendant B Co., Ltd. was “M Co., Ltd.” and its trade name was changed on November 1, 2013; hereinafter “B”). As to the E on April 22, 2011, Defendant B completed the registration of creation of a neighboring mortgage with the maximum debt amount of KRW 500,000,000, and the debtor’s establishment of a mortgage.

3) The previous trade name of Defendant C Co., Ltd. was “N,” and the trade name was changed on November 1, 2012, and both of the two “C” were “C.” As to E, May 3, 2011, the F Bank completed the registration of establishment of joint collateral creation with respect to E, etc., the maximum debt amount of KRW 1,00,000,000,000, and the joint collateral registration with L as the debtor. 4) As to E, etc., on September 28, 2012, the F Bank completed the registration of establishment of joint collateral establishment with respect to E, etc., the maximum debt amount of KRW 2,40,000,000,

(5) As to subparagraph E, etc. on December 28, 2012, the F Bank completed the registration of joint creation of a mortgage with the debtor L (hereinafter “third party mortgage”) (hereinafter “third party mortgage”).

(6) On January 7, 2015, with respect to the foregoing right to collateral security, the registration of partial transfer of the right to collateral security was completed in the future of the Korea Credit Guarantee Fund on the ground of partial subrogation of the established claim (as of December 27, 2013) (as of December 27, 2013) and the part concerning the first right to collateral security (as of September 7, 2015), on the ground of subrogation under Article 368(2) of the Civil Act (as of June 12, 2015), the registration of collateral security (as of June 12, 2015) will be completed in the future.

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