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(영문) 의정부지방법원 2017.11.30 2016가단127626
배당이의
Text

1. Of the instant lawsuit, the part of the claim against Defendant B shall be dismissed.

2.The auction of real estate C in the District Court C.

Reasons

1. Facts of recognition;

A. On November 7, 2011, D completed the registration of the creation of a collateral security (hereinafter “instant collateral security”) with respect to the land E (hereinafter “E”) and the housing on the ground of the main body of the steel-line concrete structure (hereinafter “instant housing”) as the maximum debt amount of 348,40,000 won, the debtor D, the National Bank of Korea Co., Ltd., Ltd. (hereinafter “National Bank”), the mortgagee D, and the National Bank of Korea Co., Ltd. (hereinafter “National Bank”), with respect to the instant housing.

B. On November 18, 201, D completed the registration of the creation of a collateral security (hereinafter “instant collateral security”) with regard to the land F in Macheon-si (hereinafter “F land”), G land (hereinafter “G land”), E, and the instant housing as the maximum debt amount of KRW 325,00,000,000, the debtor D, and the National Bank of the People’s Republic of Korea (hereinafter “instant collateral security”). On June 27, 2012, D added the establishment of a collateral security (hereinafter “instant factory”) to the said joint collateral security.

C. On May 3, 2012, D completed the registration of the creation of a collateral security (hereinafter “instant collateral security”) with respect to F land and G land owned by itself as the maximum debt amount of KRW 120,000,000, the debtor D and the National Bank of Korea, and on June 28, 2012, the instant factory was added as the joint collateral of the said collateral security (hereinafter “instant collateral security”).

In addition, on September 4, 2014, the National Bank completed the registration of partial transfer of collateral security on the ground of partial subrogation (73,324,798 won) with respect to the third collateral security in the instant case on August 7, 2014.

D On August 21, 2012, with respect to F land, G land, and the factory of this case owned by itself, D completed the registration of creation of a collateral security (hereinafter “instant collateral security”) with the maximum debt amount of KRW 120,00,000,00 and the debtor D and the national bank of the person holding the right to collateral security (hereinafter “instant collateral security”).

E. In each of the instant cases, the National Bank is not more than the first to fourth collateral security in the District Court.

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