배당이의
1. It was prepared by the original district court on October 10, 2016 with respect to the case of a voluntary auction of real estate A with the original district court smuggling A.
1. Facts of recognition;
A. The Plaintiff’s claim 1 against B) on November 20, 2008, the Plaintiff was finally changed on November 20, 2009 by November 20, 2009 (the period of guarantee was changed to December 18, 2015).
(A) concluded a credit guarantee agreement prescribed by the credit guarantee agreement (hereinafter referred to as “instant credit guarantee agreement”).
(2) On the same day, B provided a joint and several surety for the indemnity obligation that C shall bear to the Plaintiff pursuant to the above credit guarantee agreement. (2) On November 20, 2008, C Co., Ltd. submitted to the Industrial Bank of Korea a credit guarantee statement issued by the Plaintiff pursuant to the instant credit guarantee agreement, and received a loan of KRW 270,000,000 from the Industrial Bank of Korea.
3) On May 6, 2015, the Industrial Bank of Korea notified the Plaintiff of the occurrence of the instant credit guarantee accident that caused the Plaintiff to lose the benefit of time C as the cause of the instant accident. On June 19, 2015, the Plaintiff subrogated the Industrial Bank of Korea for KRW 232,128,548 of the principal and interest of C to the Bank pursuant to the instant credit guarantee agreement. (b) On November 27, 2014, B’s act of disposal of property (hereinafter “instant real estate”).
A) As to the instant mortgage contract with a maximum claim amount of KRW 50,000,000 (hereinafter “instant mortgage contract”).
2) On the same day, the registration of establishment of a mortgage (hereinafter “registration of establishment of a mortgage of this case”) to the Defendant on the same day is deemed as the establishment of a mortgage of this case.
207.
C. Insolvent B, around November 27, 2014, at the time the instant mortgage contract was concluded, owned approximately KRW 150,000,000 at the market price as active property, and approximately KRW 98,000,00 at the time of the Plaintiff’s purchase of D apartment 201, and KRW 605,00 at the time of the market price. On the other hand, even if the Defendant’s claim against the Defendant was excluded from the small property, the Plaintiff’s obligation against the Gyeongnam Bank was 20,00,000, KRW 14,630,000, and Changwon Agricultural Cooperative.