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(영문) 서울고등법원 2017.07.06 2016나2015103
배당이의
Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Basic facts

(a) Establishment of factory mortgage 1) beauty-Tex Co., Ltd. (hereinafter “ beauty-Tex”);

the factory site and factory building attached Form

1. Each of the real estate listed in paragraphs 1 and 2 of the list (hereinafter collectively referred to as the “instant factory”), machinery and apparatus listed in Paragraph 3 of the same list established in the instant factory (hereinafter referred to as the “instant machinery and apparatus”), and each of the real estate listed in paragraphs 4 through 8 of the same list (hereinafter referred to as “the instant access road, regardless of whether before or after the division”).

2) With respect to the factory of this case and the access road of this case, beauty Tech shall, in the future, be the Industrial Bank of Korea; ① 1.2 billion won of the maximum debt amount on March 25, 2005; ② 1.0 billion won of the maximum debt amount on December 23, 2005; ③ 240 million won of the maximum debt amount on May 16, 2008; ④ the registration of establishment of each of the maximum debt amounts of KRW 50 million on May 23, 201 (hereinafter collectively referred to as “each of the instant collective security rights”).

(3) Of them, the former Factory Mortgage Act (wholly amended by Act No. 9520, Mar. 25, 2009; hereinafter “former Factory Mortgage Act”).

3) The factory mortgage under the Industrial Mortgage Act (hereinafter “instant factory mortgage”).

(B) A list of the former Factory Mortgage Act (Nos. 42, 139, 275, 140, and 102) added at or after the time of the establishment, includes the instant machines and equipment. (B) On January 9, 2013, a decision to commence compulsory auction of the instant factory was rendered on January 14, 2013 upon the application of IMTTex to a stock company (the progress of the preceding and subsequent auction procedure). The execution court set the completion period to demand a distribution of the preceding auction on January 14, 2013.

2) On April 8, 2013, upon the Industrial Bank of Korea’s exercise of each of the instant collective security rights, the Industrial Bank of Korea rendered a voluntary decision to commence the auction of the instant factories, the instant machinery and apparatus, and the access roads to the instant case (U.S. District Court G of Pyeongtaek sitewon and hereinafter “after auction”).

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