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(영문) 울산지방법원 2014.09.05 2014가단1828

배당이의

Text

1. Ulsan Jung-gu, the Defendant and Nonparty B concluded a contract on February 25, 2013 regarding No. 606 of the 6th, Ulsan-gu, No. 102, Ulsan-gu, Seoul Building No. 102.

Reasons

1. Basic facts

A. (1) On February 13, 2009, the Plaintiff entered into a credit guarantee agreement with Nonparty B, stating that “the principal of the guaranteed principal, the guaranteed principal is KRW 15 million, and February 13, 2014,” with Nonparty B.

(2) B was loaned KRW 15 million from the National Agricultural Cooperatives Federation under the Plaintiff’s credit guarantee.

(3) On March 20, 2013, in order to preserve the claim for reimbursement against B based on the above credit guarantee, the Plaintiff received a provisional attachment order, “7,300,000 won,” which is “7,000,000 won,” as to the 606th floor of Ulsan-gu, Seoul building No. 102, 606 (hereinafter “the instant house”) owned by B (the foregoing court No. 2013Kadan984; hereinafter “the instant provisional attachment”) on the same day.

(4) On June 26, 2013, the Plaintiff subrogated for KRW 7,461,242 for B under the said credit guarantee.

(5) Since then, the Plaintiff filed a lawsuit against B for the payment of the amount of subrogated payment (Ulsan District Court 2013 Ghana 135650). On September 16, 2013, the said court rendered a decision on performance recommendation to the effect that “B shall pay to the Plaintiff the amount of KRW 7,624,32, and KRW 7,461,242, calculated at the rate of 15% per annum from June 26, 2013 to October 1, 2013, and 20% per annum from the next day to the date of full payment.” The said decision became final and conclusive around that time.

B. On December 1991, B acquired the instant house and owned it around December 1, 1991.

(2) On April 1, 2013, the Ulsan District Court’s mid-gu Branch registry office of the Ulsan District Court (hereinafter “the instant contract”) had registered the establishment of a neighboring mortgage, which is a maximum amount of claims KRW 190 million, and the debtor B and the defendant as the mortgagee, on the ground of “the instant contract to establish a contract as of February 25, 2013” (hereinafter “instant contract”).

(hereinafter referred to as the registration of the instant collateral security) C.

(1) Voluntary auction shall be made based on the application of the Ulsan Saemaul Depository, the creditor of the instant house.