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(영문) 대전지방법원 2017.09.29 2016가단226971
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. Han Bank Co., Ltd. and C’s loan agreement and mortgage contract 1) Han Bank Co., Ltd. (hereinafter “one bank”)

on April 22, 2000, as a loan of KRW 300,000,00 to C, each real estate listed in the separate sheet (hereinafter referred to as “instant real estate”) between C and C is combined.

A) As to the instant real estate, the establishment of a mortgage agreement with a maximum amount of KRW 500,000 is concluded, and on the same day, the establishment of a mortgage agreement with a maximum amount of KRW 500,000 is completed (hereinafter referred to as “mortgage 1”).

(2) On November 5, 2001, Han Bank Co., Ltd. loaned KRW 1,700,000,000 to C on November 5, 2001, and entered into a mortgage agreement with C on the instant real property with the maximum debt amount of KRW 2,100,000 with respect to the instant real property, and completed the registration of creation of a mortgage as above on the same day.

(3) On June 5, 2008, one bank extended a loan of KRW 600,000,000 to C, and entered into a mortgage contract with C as to the instant real estate with the maximum debt amount of KRW 780,000,000 with respect to the instant real estate, and completed the registration of establishment of a neighboring real estate in the instant real estate on the same day (hereinafter referred to as “third-mortgage”).

(4) On June 5, 2009, the Han Bank concluded a loan transaction agreement of KRW 1,518,000,000 as a repayment loan to the lending agreement as of November 5, 2001 with C, and KRW 152,00,000 as a repayment loan to the lending agreement as of June 5, 2009, and KRW 152,000,000,000, as of June 22, 2009, respectively, as a repayment loan to the lending agreement as of June 5, 201, and KRW 588,00,000,00, respectively.

B. The Plaintiff’s registration of the establishment of chonsegwon is a person of chonsegwon who completed the registration of the establishment of chonsegwon on March 3, 2006, 100,000 won for lease on a deposit basis, the entire five floors of buildings within the scope, the duration from February 28, 2006 to February 28, 2007, and the return period from February 28, 2006 to February 28, 2007.

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