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(영문) 수원지방법원 2019.07.25 2018가단542775
배당이의
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. D Co., Ltd. (hereinafter “D”) completed the registration of creation of a collateral security right with respect to each of the real estate listed in the [Attachment Nos. 1 through 10 [Attachment No. 1] (hereinafter “instant real estate”) with the maximum debt amount of KRW 1.65 million and the mortgagee’s right to collateral security as E Association.

B. On September 4, 2015, the Defendant lent money to D on September 4, 2015, and completed the registration of creation of the right to collateral security (hereinafter “registration of creation of the second right to collateral security”) with respect to each real estate listed in [Attachment 5 through 10] No. 375 million won, and with respect to each real estate listed in [Attachment 5 through 10], the Defendant filed an application for voluntary auction on the basis of the said right to collateral security (hereinafter “registration of creation of the second right to collateral security”) with the Suwon District Court rendered a decision to commence voluntary auction on December 9,

C. On January 26, 2017, the Defendant received reimbursement of KRW 285,40,000 from the Plaintiff who subrogated D, and then cancelled all of the registration of the establishment of the second right to collateral security, and withdrawn the said application for voluntary auction on January 31, 201.

On January 26, 2017, the Plaintiff lent KRW 660 million to D (including the amount of KRW 285,400,000,000,000 paid by the Plaintiff to the Defendant in subrogation of D). As a security, the Plaintiff completed the registration of establishment of a collateral security with regard to each of the remaining real estate except for the real estate listed in the No. 7 of the attached Table among the instant real estate in which the Plaintiff paid KRW 1.2 billion and the mortgagee as the Plaintiff.

E. On January 26, 2017, the Defendant: (a) immediately after the Plaintiff completed the registration of creation of the right to collateral security, registered the creation of the right to collateral security (hereinafter “registration of creation of the right to collateral security”) with the person holding the right to collateral security (hereinafter “registration of creation of the right to collateral security”) as the Defendant

F. On July 12, 2017, with respect to the instant real estate, the voluntary auction procedure (U.S. District Court G) upon the Defendant’s request and the voluntary auction procedure (U.S. District Court C began on July 13, 2017) upon E’s request.

G. The Suwon District Court sold the instant real estate at the above auction procedure, and on September 3, 2018.

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