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(영문) 수원지방법원성남지원 2015.07.07 2014가합5704
배당이의
Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Facts of recognition;

A. On March 29, 2007, D Co., Ltd. (hereinafter “Nonindicted Company”) borrowed a loan of KRW 2 billion from Han Bank Co., Ltd. (hereinafter “I Bank”) as of March 29, 2008, with the maturity of payment fixed on March 29, 2008

(hereinafter “instant loan agreement”). B.

As to each real estate listed in the separate list of real estate (hereinafter “the instant real estate”) as security for the obligation of loans under the instant loan agreement, the agreement was concluded on March 29, 2007 with respect to the Suwon District Court’s branch office for the branch of Sungwon District Court (hereinafter “instant mortgage agreement”) as of March 29, 2007 as of March 29, 2007 (hereinafter “the grounds for registration”), Hanwon Bank, Hanwon Bank, the debtor company, and the maximum debt amount of 2.6 billion won, respectively. At the time, the owners of the first and second real estate at the time were appointed C, the designated owners of the third and fourth real estate B, 5, 6, and 7 real estate owned by the designated owners B, 5, 6, and 7 real estate.

C. On October 9, 2008, when entering into an asset transfer agreement with the Defendant, Han Bank transferred the Defendant’s claim for loans to the non-party company (hereinafter “transfer of claims in this case”); on November 20, 2008, notified the non-party company of the above transfer of claims; on December 20, 2008, Suwon District Court issued an additional registration for the transfer of the above right to collateral to the Defendant under the status of receipt of No. 6035, Dec. 1, 2008, as Suwon District Court Branch Branch of Sung-nam Branch of Branch of Branch of Branch of Branch of Branch

On April 4, 2008, the additional registration of the transfer of the right to collateral security was completed on April 22, 2012 under the name of the Plaintiff on April 30, 2012, following H, I, and J after the completion of the establishment registration of the right to collateral security, which caused the debtor F, the mortgagee G, the maximum debt amount of 4.5 billion won, to the effect that the registration of the establishment of the right to collateral security was completed on April 22, 2012.

E. The defendant filed an application for voluntary auction of each of the instant real estate with the Suwon District Court in Sungnam branch, and the above court A.

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