(영문) 수원지방법원 평택지원 2018.11.15 2017가단9508

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(영문) 수원지방법원 평택지원 2018.11.15 2017가단9508

배당이의

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The defendant asserts that on March 5, 2009, the real estate stated in paragraph (1) of the attached Table No. 1 (hereinafter "the real estate of this case"), which was owned by "D," a trade name prior to the alteration of B, the defendant, C, and C, a separate individual company, and both E, a separate owner of the real estate of this case.

(hereinafter referred to as "C") completed the registration of creation of a neighboring mortgage.

B. In order to secure several claims against B, the Industrial Bank of Korea completed the registration of the establishment of several neighboring mortgages on each real estate listed in the separate sheet, among which, regarding the instant real estate, completed the registration of the establishment of a new mortgage on November 6, 2009, the maximum debt amount 240 million won, and the debtor B, a joint stock company.

(hereinafter “instant collateral security”). C.

The Industrial Bank of Korea has rendered a voluntary decision to commence auction on February 18, 2016 upon filing an application for voluntary auction to A with this court on the basis of each right to collateral security set forth in the preceding Paragraph (b).

(hereinafter “instant auction”). D.

On June 29, 2017, the Industrial Bank of Korea completed the registration of transfer of all the real estate listed in the separate sheet including the instant mortgage on the ground of transfer of each of the instant finalized claim to the Plaintiff on the same day.

E. In the above auction procedure, only the instant real estate was individually sold, and each of the real estate listed in paragraphs 2 through 6 of the remaining Schedule was collectively sold.

F. On October 19, 2017, on the date of distribution of the instant auction procedure, the executing court distributed KRW 70,308,082, which is the entire amount to be distributed out of the proceeds of sale of the instant real estate, to the Defendant, the mortgagee of the right to collateral security regarding the instant real estate, in the first order, and on the real estate stated in attached Table 2, to the Plaintiff

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