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(영문) 수원지방법원 2018.02.21 2017가단522668
배당이의
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On April 11, 2016, our bank (hereinafter “Korea bank”) completed four cases of the registration of the establishment of a neighboring mortgage (hereinafter collectively collectively referred to as the “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-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage

B. As to the instant building, on July 11, 2016, the decision to commence voluntary auction was rendered to Suwon District Court C on July 11, 2016, and the auction procedure was underway.

C. On August 3, 2016, the Gyeonggi Credit Guarantee Foundation made a substitute payment of KRW 171,330,836 out of E’s debt to our bank, and completed a supplementary registration with regard to the part of the right to collateral security of KRW 447,60 million out of the maximum debt amount of the instant collateral security on August 17, 2016.

On February 3, 2017, G applied for the commencement of compulsory auction on the instant building, the decision to commence compulsory auction was rendered on February 3, 2017 as Suwon District Court D (Dupl).

E. The Plaintiff was transferred from the Bank to E a claim and the instant collateral security (other than the partial transfer to the Gyeonggi Credit Guarantee Foundation).

F. Defendant A is a lessee with two partitionss among the second floor of the instant building, and Defendant B was a lessee with two partitions among the first floor of the instant building, and on September 12, 2016, reported the right to lease deposit and demanded distribution.

G. On June 19, 2017, the above auction court: H 1,255,031 won; Defendant A 1,670,535 won; Defendant A 1,670,535 won; Defendant A 15 million won; Defendant B 15 million won; Defendant B 15 million won; and Plaintiff 4, Defendant 1,459,518.

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