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(영문) 부산지방법원 2015.12.16 2015나42350
배당이의
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. On December 5, 2006, Busan Bank Co., Ltd. (hereinafter “Usan Bank”) completed the registration of creation of the right to collateral security (hereinafter “the right to collateral security”) with respect to each real estate listed in the separate sheet (hereinafter “instant real estate”) owned by C. The Defendant completed the registration of creation of the right to collateral security (hereinafter “the right to collateral security”) of KRW 46,410,000 with respect to the instant real estate, the maximum debt amount of KRW 46,410,00 with respect to the pertinent real estate (hereinafter “the right to collateral security”) and the right to collateral security (hereinafter “the right to collateral security”). On August 30, 2013, the Plaintiff purchased the instant real estate from Busan District Court B to complete the registration of creation of the right to collateral security (hereinafter “the right to collateral security”).

B. The circumstances leading up to the establishment of each of the instant mortgages 1) Busan Bank redevelopment D’s housing redevelopment (hereinafter “instant redevelopment”).

(2) With respect to the instant redevelopment association’s business, the time limit for moving was divided into ① “general moving expenses” to which the CD interest rate of 0.13% applies, and ② the interest rate of 1% out of the fixed interest rate of 4.2% to the Busan City Maintenance Fund, which was subsidized from the Busan City Maintenance Fund. Article 1(1) of the Agreement on the Relocation Expenses (Purpose of this Convention) of the Convention is limited to the instant redevelopment association and the instant redevelopment association members (hereinafter “members”) of the instant housing constructed by the Defendant as a contractor under the contract.

The purpose of the Busan Bank is to determine the matters necessary for handling household collective loans and to conclude an agreement between the Busan Bank and the defendant and the redevelopment cooperative of this case. Article 2 (Scope of Support and Relocation Expenses, 1 The Busan Bank is called the "Order for Relocation Expenses" notified by the defendant and the redevelopment cooperative of this case.

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