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(영문) 대전지방법원천안지원 2015.11.06 2015가합101170
배당이의
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Industrial Bank of Korea has set up a loan to B, and completed the registration of the establishment of each right to collateral security (hereinafter referred to as the “first priority right”) as shown in the attached list No. 2,300,000 on each real estate listed in the attached list No. 2, as shown in the attached list No. 1, and each right to collateral security (hereinafter referred to as the “first priority right”) which constitutes the “first priority right”, the maximum debt amount, 1,500,000,000, as stated in the attached list No. 1. 3 and 6, however, the right to collateral security set forth in the attached list No. 1 was cancelled on July 6, 2007.

B. On August 25, 2008, the Plaintiff subrogated to the Industrial Bank of Korea for KRW 428,260,273 out of the above loans, and entered into a contract to transfer part of the second priority collective security, and completed the supplementary registration to which part of the second priority collective security is transferred from the Daejeon District Court’s receipt of Asan District Court’s Branch Office No. 5526 on the same day.

C. On September 29, 2010, the Industrial Bank of Korea grants full of the remainder of claims and collateral security (2,300,000,000 won with the maximum debt amount of the first-class collateral security, the maximum debt amount of the second-class collateral security (1,50,000,000 won with the initial maximum debt amount of the second-class collateral security - the amount transferred to the Plaintiff 428,260,273 won with the amount of the first-class collateral security) related to B as well as the remainder of claims and collateral security (hereinafter “special purpose company”).

(1) On August 26, 2014, a special purpose company transferred all of the above claims and the right to collateral security to be attached to the Defendant corporation, Inc., and completed the additional registration of transfer of each right to collateral security under Articles 5861 and 55862. The Savings Bank established a pledge on the above right to collateral security on the same day, and completed the additional registration of creation of the right to collateral security under Articles 55863 and 55864 of the same registry office. Meanwhile, the Busan District Court completed the rehabilitation procedure against B (from the Industrial Bank of Korea on May 28, 2017).

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