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(영문) 의정부지방법원고양지원 2014.06.11 2013가합9444
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. On May 21, 2012, the Plaintiff established a collateral security (hereinafter “mortgage security”) with a maximum debt amount of KRW 2 billion with respect to the two-story neighborhood living facilities (offices) 194.00 square meters on the second floor, 2nd floor, 194.00 square meters on the second floor, 2nd floor, 194.00 square meters on the second floor, and 2073 square meters on the storage site of Pakistan-si, 2073 square meters (hereinafter “instant real estate” collectively), which were owned by the Plaintiff, in order to secure the Defendant’s obligation to borrow loans.

B. At the time, the instant real estate was scheduled to be expropriated as a housing site development project district conducted by the Korea Land and Housing Corporation.

C. On June 21, 2013, the Defendant received a seizure and collection order (hereinafter “instant seizure and collection order”) regarding the Plaintiff’s claim for the expropriation compensation against the Korea Land and Housing Corporation by means of a seizure and collection order under subrogation (No. 2013TTT 8385), based on the instant right to collateral security, based on which the Defendant reached the Korea Land and Housing Corporation on June 25, 2013.

On May 29, 2013, the Defendant: (a) registered the transfer of securitization assets, including the above loan claims, in accordance with an asset acquisition agreement entered into with the Yonhap Asset Management Co., Ltd. (hereinafter “Joint Asset Management”); and (b) on June 27, 2013, pursuant to an asset acquisition agreement entered into with the Intervenor joining the Defendant, pursuant to an asset acquisition agreement entered into with the Defendant; (c) transferred a loan claim against Aanando link and the instant collateral security to the Intervenor joining the Defendant; and (d) on June 27, 2013, registered the transfer of securitization assets, including the above loan claims in accordance with an asset-backed securitization plan with the Financial Supervisory Service; and (e) notified the transfer

E. The instant real estate was expropriated by the Korea Land and Housing Corporation on July 16, 2013, and the compensation for the instant real estate was paid to the District Court on July 12, 2013.

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