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(영문) 수원지방법원 2018.01.18 2017가단5897
배당이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On February 6, 2015, the building No. 105, No. 302, the third floor of the building No. 105 (hereinafter “instant building”) was originally owned by E. On February 6, 2015, E completed the registration of the establishment of a neighboring marine insurance company with the maximum debt amount of KRW 222,00,000,000, the debtor E and the mortgagee of the right to collateral security marine insurance company, and completed the registration of the establishment of a neighboring mutual savings bank with the debtor and the mortgagee of the right to collateral security company on February 11, 2015.

On November 15, 2016, Vi.M. loan was completed on October 28, 2016, with respect to the registration of establishment of a neighboring mortgage in the name of UNF Mutual Savings Bank Co., Ltd., Ltd., and on the same day, the Savings Bank completed the registration of establishment of a right to collateral security on the same day.

B. On October 15, 2015, E completed the registration of creation of a mortgage to F, the maximum debt amount of which is KRW 65,00,000,00 with respect to the instant building, and the debtor E and the mortgagee F. On December 9, 2016, the Plaintiff completed the registration of establishment of a mortgage on the ground of the said registration of establishment of a mortgage on December 5, 2016.

C. On March 29, 2016, the Defendant entered into a lease agreement between the Defendant and E, setting the lease deposit amount of KRW 30,000,000, and the lease term of KRW 300,000 from March 30, 2016 to March 29, 2018. The Defendant obtained the fixed date on March 29, 2016 from the said lease agreement.

As to the building of this case, Nondo Savings Bank applied for an auction of real estate under Suwon District Court 2016Ga16930, Suwon District Court 2016, and the above court voluntarily decided to commence the auction on April 14, 2016. The same court applied for a auction of real estate to Suwon District Court G, and the above court voluntarily decided to commence the auction of real estate on October 18, 2016.

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