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(영문) 서울남부지방법원 2018.08.29 2018가단209151

배당이의

Text

1. The contract to establish a right to collateral security concluded on March 31, 2017 between the defendant and C concerning the real estate stated in the separate sheet between the defendant and C is 31.

Reasons

1. Basic facts

A. On July 15, 2016, the Plaintiff: (a) lent KRW 59,00,000 to C in total from around 2012; and (b) issued to the Plaintiff a loan certificate stating that “F will pay KRW 59,000,000 to the Plaintiff up to February 2017.”

(2) On February 18, 2017, C and E did not pay the above amount until February 2017. In other words, on February 18, 2017, C and E drafted a loan certificate stating that “the Plaintiff would repay KRW 20 million by March 25, 2017, and KRW 39 million by the end of December 2017” (hereinafter “the instant loan certificate”).

(3) The Plaintiff did not pay KRW 20 million until the due date for which C promised to pay in installments. On April 2017, the Plaintiff filed an application for provisional seizure of real estate (Seoul Southern District Court 2017Kadan1267) on the real estate listed in the separate sheet owned by C (hereinafter “instant real estate”) as indicated in the attached sheet owned by C (hereinafter “instant real estate”) and received a decision of provisional seizure from the above court on May 18, 2017.

B. C’s act of establishing the right to collateral security and financial status (1) C’s act of establishing the right to collateral security (hereinafter “right to collateral security”) between the Defendant and the Defendant on March 31, 2017.

(2) After the conclusion of the mortgage contract, C had no specific property other than the instant real estate, while, in addition to the loan debt to the Plaintiff, it had a large amount of debt owed to financial institutions, such as Hyundai Capital Co., Ltd. and Vietnam Asset Management Loans, and filed an application for an auction of the instant real estate on May 17, 2017, with the Seoul Southern District Court’s receipt of the maximum debt amount of KRW 43,00,000.

The court of execution.