구상금
1. On February 28, 2020, the official branch court of Daejeon District Court deposited by gold No. 30 of 20, 2020 to KRW 195,51,864.
1. Facts of recognition;
A. On April 12, 2018, the Credit Guarantee Fund’s credit guarantee agreement with the Korea Credit Guarantee Fund (hereinafter “debtor”) entered into a credit guarantee agreement as described in Table 1 as follows, and the debtor obtained a loan from D as a security on April 13, 2018, as shown in Table 2 below: < Amended by Presidential Decree No. 28139, Apr. 13, 2018>
E F D D DF
B. As a credit guarantee accident occurred due to the circumstances such as delaying the payment of interest on the above loan by the obligor of the credit guarantee fund, the Credit Guarantee Fund subrogated to the said D Bank totaling KRW 302,214,348, as indicated below, on December 18, 2018.
EF
C. 1) The debtor on July 4, 2018 between the debtor and the defendant, each of the real estate listed in the separate sheet (hereinafter “instant real estate”) between the defendant and the defendant (hereinafter “instant real estate”).
A) As to the maximum debt amount, the lower court concluded a contract to establish a mortgage with the mortgagee as the Defendant. On July 6, 2018, Daejeon District Court’s official branch office, etc., on July 6, 2018, the lower court completed the registration of the establishment of a mortgage (hereinafter “instant collateral security”) with No. 15433, Jul. 6, 2018.
(2) The obligor was in excess of the obligation at the time of entering into the instant mortgage contract, and did not possess any other active property than the instant real estate.
1) On October 29, 2018, the Defendant applied for a compulsory auction for the instant real estate and started the auction procedure concerning the instant real estate to Daejeon District Court G for official residence support. The instant real estate was sold in KRW 488,80,000. 2) The auction court prepared a distribution schedule on February 18, 2020, and distributed KRW 195,51,864 to the Defendant, who is the mortgagee of the instant real estate.
On February 21, 2020, the Plaintiff appeared on the date of the above distribution and stated an objection against the whole of the dividends to the Defendant, and filed a lawsuit of demurrer against the distribution against the Defendant (Seoul District Court 2020Kadan20530).