배당이의
1. The contract to establish a right to collateral security concluded on January 16, 2015 with regard to the real estate stated in the attached Form B between the Defendant and B.
1. Facts of recognition;
A. The Plaintiff entered into a credit guarantee agreement with B as described below (hereinafter “the instant credit guarantee agreement”) in the course of obtaining a loan from the National Bank Co., Ltd. (hereinafter “National Bank”).
The performance bond amount of the guaranteed number on the date of the agreement (amended) No. 1041, Nov. 10, 2010; KRW 72,000,000 on December 5, 2014; and KRW 72,000,000 on November 18, 2010.
On December 13, 2014, the Plaintiff paid to a national bank KRW 73,843,772 on April 27, 2015 due to the principal and interest of a loan due to the primary guarantee and the secondary guarantee of KRW 73,459,128.
C. After that, the Plaintiff filed an application with B for a payment order with the Incheon District Court No. 2015 tea27327, Nov. 2, 2015, the said court issued a payment order with respect to KRW 148,831,199 and KRW 147,302,90 from April 27, 2015 to the date of final delivery of the original copy of the payment order, and KRW 12% per annum from the next day to the date of full payment, and KRW 15% per annum from the next day to the date of full payment. The said payment order became final and conclusive on Nov. 19, 2015.
On January 16, 2015, the Defendant and B concluded a mortgage contract with the maximum debt amount of 15,00,000,000 won, B, and the debtor and the mortgagee as the defendant (hereinafter “mortgage contract of this case”). On the same day, B completed the registration of creation of a mortgage to the Defendant as the receipt of the Incheon District Court North Incheon District Court North Incheon District Court's registration office.
E. Meanwhile, at the time of establishing the instant mortgage, B was in excess of the obligation.
F. On January 26, 2015, the Plaintiff was issued a provisional attachment order of KRW 144,00,000 with Seoul Western District Court 2015Kadan501325 with respect to the instant real estate as the Seoul Western District Court 2015Kadan501325, and the provisional attachment registration was completed on January 27, 2015.
G. The National Bank, the mortgagee of the instant real estate, is a national bank.