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(영문) 부산지방법원동부지원 2015.09.18 2015가합617
배당이의
Text

1. With respect to the Busan District Court's Dong Branch C and D (Dual) auction case, the same court shall take March 3, 2015 into account.

Reasons

1. Basic facts

A. (1) The Plaintiff as the parties concerned (1) completed registration of preservation of ownership on November 10, 1997 as well as on November 10, 1997 as to the above land and buildings on the land (hereinafter “the instant building”) and its ground (hereinafter “the instant building,” and the combination of the said land and buildings, and completed registration of ownership transfer on January 21, 2002 as to the above F 1/2 shares on the ground of inheritance.

(2) Defendant Korea Investment Securities Co., Ltd. (hereinafter “Co., Ltd.”) (hereinafter “Co., Ltd.”) and the UN Ethythy Global Conduct (former Trade Name “Ethy Ethy Ethy Ethy Ethy Ethy Ethy”) and B are the respective mortgagees of the instant real estate.

B. (1) On May 23, 1997, the Plaintiff entered into a lease agreement with the Defendant Korea Investment Securities Association to lease a deposit of KRW 1.7 billion on the first floor of the instant building, and from November 7, 1997, for two years from the lease term (hereinafter “the first floor lease agreement of the instant building”), and thereafter, increased the lease deposit of KRW 170 million on July 1, 2003, and increased the lease deposit of KRW 187 million on August 10, 2007.

(2) The Defendant Korean Investment Securities: (a) on May 23, 1997, registered the creation of a neighboring mortgage on the instant real estate with the maximum debt amount of KRW 2,210,000,000,00 for securing KRW 1.7 billion among the above lease deposit; (b) on July 1, 2003, with the aim of securing KRW 17,000,000 as the increased maximum debt amount of the lease deposit of KRW 221,00,000 for the instant real estate; (c) on August 10, 2007, with the establishment of a mortgage on the instant real estate with the Defendant Korean Investment Securities with the debtor, the Plaintiff, and the mortgagee; and (d) on August 24, 2007, with the aim of securing KRW 187,000,000 for the increased lease deposit of KRW 10,000,000 for the purpose of securing KRW 187,000.

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