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(영문) 청주지방법원 2015.07.08 2014가합27125
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. Establishment of a mortgage on each real estate listed in the separate sheet 1) D Co., Ltd. (hereinafter “D”).

(D) In order to secure the obligation of loans to be extended by D from the Industrial Bank of Korea, the Bank shall hold each of the real estates listed in the separate sheet Nos. 1 through 5 (hereinafter “each of the instant real estates”).

on March 14, 2006 and the same year

4. On March 14, 2006, according to the contract to establish a mortgage, the registration of creation of a mortgage (hereinafter “registration of creation of a mortgage”) was completed on the same day by Cheongju District Court No. 12459, which was received on the same day, with the maximum debt amount of KRW 1,200,000,000, and the Industrial Bank of Korea’s establishment of a mortgage (hereinafter “the registration of creation of a mortgage of the first place”), on April 12, 2006 as the receipt of the court under Article 19348 of the same Act on the same day pursuant to the contract to establish a mortgage (hereinafter “the registration of creation of a mortgage of this case”) with the amount of KRW 480,00,000, and the amount of a mortgage (hereinafter

2) On April 12, 2006, a contract was concluded between D and the Industrial Bank of Korea to modify the maximum debt amount regarding the registration of the establishment of the creation of the creation of the first neighboring mortgage between D and the Industrial Bank of Korea. On the same day, the additional registration changed the maximum debt amount to KRW 1,020,000 by the court No. 19347 on the same day, and on April 26, 2007, the Factory and Mining Foundation Mortgage Act (hereinafter “factory Mortgage Act”).

Article 7 No. 89 of the List and Article 2007-216 of the Joint Security List were concluded, and the registration of the same contents was completed as the same court receipt No. 23152 of the same date, and with respect to the registration of the establishment of a mortgage of the second neighboring area of the instant case, the registration of the alteration was completed on April 26, 2007 in accordance with the modified contract changed to the list No. 88 of Article 7 of the Factory Mortgage Act by the same date as the receipt of the same court on the same date.

B. The Plaintiff and D’s credit guarantee agreement and the Industrial Bank of Korea’s loans to D are related to the loans owed by D to the Industrial Bank of Korea on March 17, 2006.

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