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(영문) 부산지방법원 동부지원 2018.10.17 2017가단11973
손해배상(기)
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 June 17, 2013, C completed the registration of the establishment of a neighboring mortgage (hereinafter “mortgage”) of the maximum debt amount of KRW 278,400,000 on the Guro-gu Seoul SP Savings Bank (hereinafter “the instant mortgage”).

On January 8, 2014, OSB Savings Bank applied for a voluntary auction of real estate on the above apartment on the basis of the instant collateral security, to the Seoul Southern District Court E, and received a voluntary decision to commence auction on January 10, 2014.

(hereinafter “instant auction procedure”). B.

On March 31, 2014, OSB Savings Bank transferred the secured debt of the instant right to collateral security (hereinafter “mortgage of this case”) to Mez comprehensive financial securities corporation, and completed the registration of transfer of the instant right to collateral security on April 7, 2014.

C. On April 24, 2014, Mez comprehensive financial securities corporation transferred the instant right to collateral security to the Plaintiff, and completed the registration of transfer of the instant right to collateral security.

On the same day, the Plaintiff provided the right to collateral security of this case as a pledge to the Embrypt credit union, and completed the supplementary registration.

In the auction procedure of this case, on October 29, 2014, the court of execution recognized F as a small lessee on the date of distribution, and set up a distribution schedule with the content of distributing KRW 25,00,00 in the first order, KRW 379,40 in Guro-gu, a holder of the second order, KRW 379,40 in the second order, KRW 196,939,397 in the third order, and KRW 55,419,89 in the Plaintiff, a holder of the right to collateral security of this case, who is the pledgee of the right to collateral security of this case, as the fourth order.

The plaintiff raised an objection to the total amount of F's dividends on the date of distribution.

E. On October 30, 2014, the Plaintiff asserted that F should delete the dividend amount to F and distribute it to the Plaintiff by filing a lawsuit of demurrer against the distribution with Seoul Southern District Court 2014Da236865, Seoul Southern District Court. However, the court rendered a judgment dismissing the Plaintiff’s claim on July 23, 2015, and the said judgment is the same.

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