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(영문) 인천지방법원 2017.04.20 2016가단49046
배당이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. A certificate loan of 3,00,000 self-reliance deposit loan of 3 (hereinafter referred to as "third loan") on February 8, 2013 on June 25, 201, 201, a general loan of 24,000,000 general loan extended on June 18, 2037 (hereinafter referred to as "second loan") from June 18, 2007, in the case of a type of loan (hereinafter referred to as "first loan") for the first loan of 10,000 won on the date when the first loan commences on a net basis of the facts.

A. The Defendant gave a loan to B as indicated below.

B. On June 14, 2007, the Defendant entered into a mortgage agreement with C as to the real estate listed in the separate sheet owned by C (hereinafter “instant real estate”) with the debtor as B, and completed the registration of establishment of a mortgage over the instant real estate as to the same day by the maximum debt amount of KRW 29 million, the debtor B, and the defendant as the mortgagee.

(hereinafter referred to as “instant collateral security”) C.

In the case of the application for compulsory auction of real estate A (hereinafter “instant compulsory auction”) with respect to the instant real estate filed by the Plaintiff, the Defendant reported on October 4, 2016 as the principal amount of KRW 33,80,000 ( KRW 15,000,000,000,000 No. 13. 1) and interest KRW 130,622 ( KRW 47,696,000,000,000,000 KRW 5,5,000,000 KRW 2) and KRW 13,930,622,000 ( KRW 77,242,00,000,000 KRW 13,80,000) and KRW 130,622,00,000.

The lower court drafted a distribution schedule with the content that distributes KRW 71,300,442 in the order of priority 1 to the Defendant. The Defendant attended on the date of distribution on October 11, 2016, and raised an objection against KRW 15,200,000 out of the amount of distribution to the Defendant, and filed a lawsuit of demurrer against distribution on October 14, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5, Eul evidence Nos. 1 and 2 (including each number), the purport of the whole pleadings

2. Summary of the plaintiff's assertion

(a)Article 52-2(1) and (2) of the Banking Act;

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