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(영문) 부산지방법원 2015.12.16 2015나40729
배당이의
Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On December 19, 2006, Defendant Busan Bank Co., Ltd. (hereinafter “Defendant Busan Bank”) completed the registration of creation of the right to collateral security (hereinafter “mortgage No. 1”) with respect to each of the real estate listed in the separate sheet (hereinafter “instant real estate”) owned by C, the Plaintiff purchased the instant real estate from the Busan District Court on March 2014, 201 and completed the registration of creation of the right to collateral security (hereinafter “mortgage No. 2”) with respect to the instant real estate (hereinafter “instant collateral security”) of KRW 46,020,000 with respect to the maximum debt amount as of the instant real estate. The Plaintiff completed the registration of creation of the right to collateral security (hereinafter “instant collateral security”). On August 30, 2013, the Plaintiff purchased the instant real estate on March 20, 2014, which was a decision to commence voluntary auction (hereinafter “instant right to collateral security”).

B. The circumstances leading up to the establishment of each of the instant mortgages 1) Defendant Busan Bank’s redevelopment of D houses (hereinafter “instant redevelopment”).

(2) With respect to the business of the redevelopment association of this case, the moving expenses were divided into ① “general moving expenses” to which the CD interest rate of 0.13% applies, and ② the interest rate of 1% out of the fixed interest rate of 4.2% to Defendant Busan Bank, which was subsidized from the Busan City Maintenance Fund. Article 1(1) of the Agreement on the Relocation Expenses (Purpose of this Convention) of the Convention, the redevelopment of the housing of this case (hereinafter “members”) to be constructed as the capacity of the redevelopment association of this case and the construction by the contract of the redevelopment association of this case.

The purpose of this case is to determine the matters necessary for Defendant Busan Bank to deal with household collective loans and to enter into an agreement between Defendant Busan Bank and Defendant SS Construction and the Development Cooperative of this case.

§ 2.

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