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(영문) 의정부지방법원 2016.07.22 2016가단3980
배당이의
Text

1. Of the instant lawsuits by the Plaintiff, Inc., Ltd., the part exceeding 19,643,982 won.

Reasons

1. The facts following the facts do not conflict between the parties or each entry in the evidence Nos. 1, 2, 3-2, 5, 6, 7, 8, 1 through 8, 1 through 5, 13, 15, and 20-2, 2, 4, 5, 6, 7, 8, 1 or 1 through 8, 2, 13, 15, and 20.

C On June 21, 2005, the registration of ownership transfer is completed with respect to D apartment Nos. 2208, 203 (hereinafter “instant real estate”).

B. The Plaintiff bank entered into a loan transaction agreement with C on May 19, 2005, setting the loan amount of KRW 90,6200,000 as a collective base theory (limited collateral), the loan amount of KRW 96.2 million between C and C on May 25, 2005. (B) The Plaintiff bank entered into a mortgage agreement with C on May 25, 2005 with respect to all the obligations owed by C as of and in the future due to the transaction of collective base theory (limited collateral), the maximum debt amount of KRW 11,544 million against the Plaintiff bank.

C) As to the instant real estate on June 21, 2005, the registration of creation of a mortgage (hereinafter “mortgage No. 1 of this case”) consisting of the Plaintiff bank, debtor C, and maximum debt amount of KRW 115.4 million against the Plaintiff bank, debtor C, and maximum debt amount

(2) On July 9, 2009, the Plaintiff bank entered into a loan transaction agreement with C by setting forth the loans amount of KRW 50 million between the main line of loan and the main line of loan with C on July 9, 2009.

B) On July 9, 2009, the Plaintiff bank concluded a mortgage establishment registration (hereinafter “mortgage 2 of this case”) with respect to the instant real estate on July 10, 2009, on the part of the obligee bank, the obligor C, and the maximum debt amount, 60 million won, for all debts incurred by the Plaintiff bank in the present and future transactions with the Plaintiff bank (hereinafter “the scope of secured debt”).

(3) The background leading up to the establishment of the right to collateral security No. 3 is Plaintiff.

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