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(영문) 수원지방법원 2016.11.17 2016가합70426
배당이의
Text

1. Of the distribution schedule prepared by the Suwon District Court on January 6, 2016 with respect to C’s voluntary auction of real estate, the Defendants are against the Defendants.

Reasons

1. Basic facts

A. On June 18, 2001, the Korea Mutual Savings Bank Co., Ltd. (hereinafter “D”) established and lent 7 billion won to D Co., Ltd. (hereinafter “D”) on June 19, 2002. D Co., Ltd. completed the registration of creation of a joint collateral (hereinafter “first priority mortgage”) with respect to real estate stated in the attached list as the Suwon District Court's Magwon District Office No. 62403, Jun. 19, 2001; and the debtor D's joint collateral security (hereinafter “first priority collateral security”). The Korea Mutual Savings Bank changed the company's name to the Korea Mutual Savings Bank on March 22, 2002; the Korea Mutual Savings Bank Co., Ltd. concluded an agreement on August 16, 2002 and June 18, 2001 with respect to the repayment period of loans until the due date of repayment of loans set forth in the attached list for the Korea Mutual Savings Bank (Seoul District Court).

E completed the registration of the establishment of the claim amounting to 6 billion won and the obligor E-mortgage pledge on January 29, 2004 with respect to the shares of 78/91 out of the first-class collateral security right to the same mutual savings bank, Suwon District Court, port of registry, and port of registry on January 29, 2004. On May 19, 2006, F transferred the secured claim of the first-class collateral security to F, and completed the additional registration on July 27, 2006 with regard to the first-class collateral security right.

On March 8, 2007, the Defendants transferred the first secured debt to F, and completed the previous supplementary registration with respect to the first secured debt following the date.

The Plaintiff (former Mutual Savings Bank of Korea) lent KRW 5 billion to D on June 18, 2001, and D against the Plaintiff.

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