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(영문) 부산고등법원(창원) 2015.10.22 2014나3989
배당이의
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. C’s establishment of the right to collateral security with the Defendant as the right to collateral security was granted loans from the Defendant several times from December 1992 to May 2009, and each time, C or D’s establishment of the right to collateral security with the Defendant as the obligor, and C’s establishment of the right to collateral security with the Defendant as the obligor, and C’s establishment of the right to collateral security with the Defendant as the obligor regarding each of the real estate listed in the table 1 to 8 listed in the table 2 listed in the table 1 to 2 listed in the table 2 listed below, and C’s establishment of the right to collateral security with the Defendant as the obligor and the Defendant as the right to collateral security. The detailed details are as follows.

1) On December 10, 192, concerning each real estate listed in the table Nos. 1, 3, and 4 of [Attachment 2] No. 1, 1992 as of December 10, 1992, the Changwon District Court Kimhae Sea Registry, which was received on December 10, 1992, completed the registration of creation of a collateral security (the maximum debt amount of the Defendant, C, C, and C, 75,000,000). (2) On June 28, 1996, the establishment of a collateral security (the “mortgage No. 1”) was completed as of each real estate listed in the table No. 1, 3 as of June 28, 1996, and No. 40371 as of June 28, 1996, the Changwon District Court, C, the debtor, the maximum debt amount of claims,00,000 won was completed.

3) The right to collateral security (hereinafter “the right to collateral security”) dated January 22, 1997 is called the “the right to collateral security”).

(4) As to each real estate listed in the Attachment 1 List No. 1 and 3 and each real estate listed in the Attachment 2 List No. 59455 on September 14, 1999, the Changwon District Court, Kimhae-si Office, 4770, which was received on January 22, 1997, the establishment registration of mortgage was completed due to the mortgagee, the debtor C, the maximum debt amount of debt amount of 45,000,000. (4) As to each real estate listed in the Attachment 1 List No. 1 and 3 as of September 14, 1999 and the No. 2 as to each real estate listed in the Attachment 2 List No. 59455 on September 14, 199, the Changwon District Court, the debtor, the maximum debt amount of debt amount of 150,000,000 won.

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