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(영문) 서울중앙지방법원 2016.04.22 2015가단5161912
배당이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On May 8, 2009, the Seongdong-gu Co., Ltd. (hereinafter “Ssung Co., Ltd.”) entered into a credit transaction agreement (hereinafter “the instant credit transaction agreement”) with Flain Savings Bank Co., Ltd. (hereinafter “Flain Savings Bank”) on May 8, 201 with a lending limit of one billion won and one billion won with maturity as of May 8, 2014. In order to guarantee the obligation to repay the principal and interest of sexual citizens under the instant credit transaction agreement, the establishment registration of collateral security (hereinafter “the instant collateral security agreement”) was completed with respect to the instant apartment (hereinafter “instant apartment”) with a maximum debt amount of one billion won with respect to the instant apartment (hereinafter “the instant apartment”).

On May 7, 2012, on January 3, 2012, the registration of the creation of the instant right to collateral security was completed with the supplementary registration of the instant right to collateral security that had the mortgagee registered as BS Savings Bank (hereinafter “BS Savings Bank”) on the ground of the decision on contract transfer on January 3, 2012.

On April 19, 2013, KRW 12,496,660, out of the principal and interest of loans under the credit transaction agreement of this case, was subrogated by E, and the Plaintiff subrogated KRW 43,730,698 out of the principal and interest of loans on May 8, 2013.

The "payment by subrogation over the two times" is referred to as the "payment by subrogation."

On December 6, 2013, SP Savings Bank filed an application for voluntary auction on the apartment of this case with the balance of the principal and interest of the loan, namely, the principal, the amount of KRW 514,748,451, and the damages for delay, as a mortgagee on the apartment of this case, based on the credit transaction agreement of this case. Accordingly, the Seoul Central District Court Decision on the voluntary auction of the apartment of this case was rendered on June 19, 2014.

On June 30, 2014, the Plaintiff subrogated to the NonSS Savings Bank KRW 564,830,809, which is the principal amount, namely, KRW 514,748,451, and delay damages. On June 30, 2014, the instant collateral security (mortgage) that the mortgagee was the Plaintiff, on the ground of a final claim subrogation payment on June 30, 2014.

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