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(영문) 수원지방법원 여주지원 2017.02.14 2015가단23705
배당이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On May 25, 2011, D completed the provisional registration of transfer of ownership under the receipt of No. 23236 on May 25, 201 with respect to the land of this case, Suwon District Court, Yangyang-gun, Gyeonggi-do E Forest (hereinafter “instant land”), and the Plaintiff completed the registration of transfer of the said provisional registration on the ground of sale on December 31, 201 from D on January 4, 2012.

B. On May 25, 201, the Hansan Saemaul Bank set KRW 250,00,00 to D on May 25, 2011 as due date, KRW 6% per annum, interest rate per annum, and overdue interest rate of KRW 18% per annum, and completed the registration of the establishment of a collateral security right (hereinafter “mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-backed

C. On December 10, 2013, the Hansan Saemaul Bank filed an application for the auction of real estate rent (hereinafter “instant auction”) with the court as to the instant land, etc. with the claim for the principal amounting to KRW 250,000,000, and damages for delay at the rate of 18% per annum from July 26, 2013 to the date of full payment, and filed an application for the auction of real estate rent (hereinafter “instant auction”) with the court as to the instant land, etc. from July 26, 2013. The decision to commence the auction and the registration thereof was completed on December 11, 2013.

On June 4, 2015, on June 4, 2015, the Korea Mortgage Exchange (hereinafter referred to as the "Korea Mortgage Exchange") completed the registration of transfer of the instant right to collateral security on the ground of the transfer of finalized claim. On June 4, 2015, the Korea Mortgage Exchange completed the registration of transfer of the instant right to collateral security on the ground of the transfer of finalized claim on June 4, 2015.

E. As to the instant land, etc. on June 4, 2015, the Defendant: (a) the amount of claim KRW 325,00,000 to the Gyeyang Savings Bank; (b) the interest rate of June 4, 2016; (c) interest rate of KRW 8.5% per annum; (d) overdue interest of KRW 20.5% per annum; (e) the registration of the establishment of the right to collateral security (right to collateral security) to the Defendant, the pledgee, the pledgee, the Bank; and (e) the registration of the establishment of the pledge on the land

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