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(영문) 수원지방법원안산지원 2019.01.31 2017가합6518
배당이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Industrial Bank of Korea established the Industrial Bank of Korea’s right to collateral security on May 29, 2014 (hereinafter “the instant company”) with the maximum debt amount of KRW 3,300,000,000, the maximum debt amount of KRW 700,000,000, the maximum debt amount of KRW 200,000 and the maximum debt amount of KRW 700,000,00,000, and the Industrial Bank of Korea and the Industrial Bank of Korea established the mortgage security right on the instant land owned by the instant company, for the purpose of securing the claim against E (hereinafter “instant company”), and completed the registration of the establishment of the mortgage on the instant land with the 185.4mm2, 205, 3m2,75.17m2, 75.17m2, 305m2, and 300,000,00,000 and the joint collateral security right on each of the instant company and the Industrial Bank of Korea.

(hereinafter referred to as the “instant loan”). B. The secured debt of each of the above establishment of a mortgage is the subject of the instant loan.

On August 27, 2015, the Industrial Bank of Korea concluded an asset acquisition agreement that transfers the instant loan claims to G Co., Ltd.

On September 22, 2015, the Industrial Bank of Korea, G Co., Ltd, and the Plaintiff entered into an “asset acquisition agreement” and transferred the status of the transferee of G Co., Ltd. to the Plaintiff on August 27, 2015.

On September 22, 2015, the Plaintiff filed an application for registration of asset-backed securitization transfer with the Financial Supervisory Service pursuant to Article 6 of the Asset-Backed Securitization Act (hereinafter “Asset-Backed Securitization Act”). Pursuant to Article 7 of the same Act, the Plaintiff sent the instant notice of assignment of claims to the instant company twice to September 23, 2015 and September 30, 2015, respectively. On October 6, 2015, the Plaintiff publicly announced the instant notice of assignment of claims to H and I, which are circulated in the address of the instant company, respectively.

C. The real estate of this case.

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