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(영문) 서울고등법원 2017.01.13 2016나2043955
배당이의
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

[Claim]

Reasons

1. Basic facts

A. On March 25, 2011, Korea Bank Co., Ltd. (hereinafter “Korea Bank”), and debtor FC, a person who was a secretary on the real estate listed in the separate sheet of real estate (hereinafter “each of the instant real estate”), which was owned by Korea Bank Co., Ltd. (hereinafter “Korea Bank”), and the Defendant’s wife.

The establishment registration of mortgage was completed over the maximum debt amount of 960,000,000.

B. As to each real estate of this case for which the Defendant’s provisional registration of ownership transfer claim was filed, the provisional registration of ownership transfer claim under the name of the Defendant was completed as of March 28, 201 by the Seocheon Registry of Incheon District Court on March 28, 2011 (hereinafter “provisional registration of security”).

C. Seoul Mutual Savings Bank Co., Ltd. (hereinafter “Seoul Savings Bank”) is C’s creditor, with the claim amounting to KRW 500,000,000 on August 21, 2013, and the provisional attachment order for each real estate listed in [Attachment] Nos. 1 and (3) was issued by Seoul Central District Court 2013Kadan61631, and completed the registration of the entry on the same day.

The Seoul Savings Bank was declared bankrupt on September 26, 2013 by Seoul Central District Court 2013Hahap139, and the Korea Deposit Insurance Corporation was appointed as the trustee in bankruptcy of the Seoul Savings Bank on the same day.

(hereinafter referred to as “Plaintiffs” in the Seoul Savings Bank and the trustee in bankruptcy for convenience.

On October 24, 2014, when the bank, which is the mortgagee of the right to collateral security regarding each of the instant real estate, applied for an auction to exercise the right to collateral, the auction procedure on each of the instant real estate was initiated to B with the Incheon District Court.

(2) In the auction procedure of this case, the Defendant asserts that the provisional registration of this case constitutes a provisional registration for security to secure a loan claim against C, and that the provisional registration of this case constitutes a provisional registration for security.

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