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(영문) 서울고등법원 2013.09.05 2013나2009442
배당이의
Text

1. The plaintiff (appointed party)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).

Reasons

1. The following facts may be acknowledged in full view of the purport of the entire pleadings in each of the statements in Gap's evidence of 1 to 8, Gap's evidence of 17 to 21, and Eul's evidence of 1 to 5.

D Co., Ltd. (hereinafter “instant apartment”) between D and the Industrial Bank of Korea on January 24, 2005 between D and the Industrial Bank of Korea on January 24, 2005, the Geumcheon-gu Seoul apartment No. 1003 (hereinafter “instant apartment”).

(2) On December 13, 2006, D concluded a contract with the Industrial Bank of Korea to set up a comprehensive collateral security to comprehensively secure all obligations arising from credit transactions, credit card transactions, etc., which are currently and future against the Industrial Bank of Korea, with the maximum debt amount of KRW 158,400,000, and concluded a contract to set up a comprehensive collateral security with the Industrial Bank of Korea at KRW 18,000,000, with the maximum debt amount of KRW 158,400,000, and completed the registration of the establishment of a mortgage on the 14th of the same month.

B. Regarding the apartment of this case, as described in the above paragraph (a) as to the right relationship of the apartment of this case, each of the collective security rights in the name of the Industrial Bank of Korea was established, and ① on February 22, 2007, the debtor D, the maximum debt amount of 37,050,000 won, and the registration of the establishment of the neighboring mortgage that is made to Samsung F&M Co., Ltd. (hereinafter the cancellation on January 22, 2008), ② on December 26, 2007, the registration of the establishment of the collective security right under the name of the debtor D, the maximum debt amount of 120,000,000 won, the debtor D, and the collective security holder F, respectively, was completed, and the registration of the establishment of the collective security right was completed from September 2, 2009 to April 3, 2012 (hereinafter the "party to the attachment") of the plaintiff (hereinafter the plaintiff 262,2012).

(c) the commencement of voluntary auction procedures and the Bank of Korea;

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