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(영문) 인천지방법원 2014.11.19 2014가합54126
배당이의
Text

1. The plaintiff's main claim is dismissed.

2. The defendant shall sell to the plaintiff, and the Incheon District Court B real estate auction.

Reasons

1. Basic facts

A. On April 2, 2007, Nonparty ELD Co., Ltd. (hereinafter “ELD”) entered into a “loan and business agreement” that is to be loaned from the lender within the scope not exceeding KRW 135 billion in order to raise housing project expenses for a new housing project project project that is being promoted on the block 16 block in the Daejeon Western-west Housing Site Development Project District between the lending institution and the lending institution (hereinafter “Korea Bank”), and took out a loan from Korea bank for housing project expenses (hereinafter “the instant loan claim”).

On March 17, 2010, the Bank concluded a mortgage agreement with ELD, which covers joint collateral of Article 701 to 704 of the Yeonsu-gu Incheon Metropolitan City D building (hereinafter “each real estate of this case”, and each real estate is specified as a lake), and completed the registration of establishment of a mortgage between the maximum debt amount, 3.6 billion won, debtor ELD, and creditor bank of the right to collateral security.

(hereinafter “instant collateral security”). C.

On May 12, 2011, ELD was declared bankrupt by the Jeonju District Court No. 2011Hahap1, and E was appointed as a bankruptcy trustee.

On May 20, 201, upon the application of the Industrial Bank of Korea, which was the senior mortgagee, prior to the instant mortgage, the decision to commence the voluntary auction of real estate was rendered to Incheon District Court C with regard to May 20, 201, and on the same day, the decision to commence the voluntary auction of real estate was rendered to the Incheon District Court B with regard to the instant

(hereinafter referred to as "each voluntary auction procedure of this case", and each voluntary auction procedure shall be specified as case number).

The Korean bank asserted that ELD had attempted interest claim amounting to KRW 452,379,281 and credit card payment claim amounting to KRW 6,845,109 due to the loan of the housing project cost. In each of the of the of the of the of the of the instant auction proceedings, the bank submitted a claim statement to demand a distribution of claim amounting to KRW 459,224,390.

F. C. The instant case

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