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(영문) 서울중앙지방법원 2018.04.11 2017나62558
유동화채권환매청구의 소
Text

1. The defendant's appeal is dismissed.

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

3. Judgment of the court of first instance (hereinafter “36.1”).

Reasons

The court's explanation concerning this case is based on the main text of Article 420 of the Civil Procedure Act, except for the interpretation of the detailed criteria provision of Section 3. A. (1) in the fifth part of the judgment of the first instance, since the reasoning of the judgment of the first instance is the same as that of the part of the judgment of the first instance.

Interpretation of the detailed standards regulations [Attachment 21] Part I of the detailed standards for risk management for housing mortgage loans (hereinafter referred to as the "Detailed Standards") shall be the collateral recognition ratio (LTV).

1. The mortgage loan ratio calculated by calculating the collateral approval ratio shall be calculated by the following methods for each loan account:

[Amount of housing mortgage loan £« £« + Maximum lease deposit and smallest lease deposit) ± Value of security] 】 100

4. Calculation of deposit for lease and small amount of deposit for priority repayment;

(a) The deposit for lease of a lessee who meets the requirements for counterclaim and the deposit for smallest amount expected to be repaid, if any, if any, shall be calculated by the following methods:

For the room that was not leased, the amount of small amount of security deposit shall be calculated by multiplying the number of rooms by the respective small amount of security deposit.

(b) Requirements for setting up against lessees, the limit of recognition of the deposit of small amount preferential repayment, the scope of preferential repayment small lessee, etc. shall be governed by the Housing Lease Protection Act;

(c) If the collateral is an apartment, such as an apartment, the number of years subject to the application of small amount deposit against the non-leased room may be adjusted as follows:

Where there are not less than two non-rental rooms in one unit, where there are not less than one unit, and where there are not less than two units of non-lease, 1/2 multi-family housing and multi-household housing, 2/3 of the number of units of multi-family housing, where there are not less than two units of non-lease, and where there are not less than two units of non-lease.

(d) In the case of a low-price (not exceeding KRW 200,000) house, the number of years subject to small-amount deposit may be adjusted, notwithstanding the provisions of (b) and (c), as follows:

The Gu's small-sum security deposit.

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