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(영문) 대전지방법원 천안지원 2021.01.13 2020가단105360

배당이의

Text

1. The Daejeon District Court prepared on March 25, 2020 with respect to voluntary auction cases of D real estate in the Daejeon District Court Branch D.

Reasons

1. Basic facts

A. In order to guarantee the payment of loans (hereinafter “instant loans”) to Non-Party F Co., Ltd. (hereinafter “F”), E Co., Ltd. (hereinafter “E”) set up a lower-level right (hereinafter “mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-based”) with respect to the two-story factories, H. 1,567 square meters of a board of a steel structure board, and 347/1,567 square meters (hereinafter “instant factory building and its site”) among the two-story factories, H. 1,567 square meters of a board of a steel structure board owned by F, under the control of the Daejeon District Court No. 8615, Dec. 18, 2014, with respect to the claim amounting to KRW 2.52 billion, the instant loan claim was transferred to the Plaintiff.

B. Meanwhile, on September 18, 2015, Defendant I Co., Ltd established a factory mortgage of KRW 480,000,000 (hereinafter “instant factory mortgage”) with respect to the instant factory buildings and their sites, as the receipt of No. 62075 on September 18, 2015, as well as the instant factory machinery and appliances existing on each of the said real estate (hereinafter “D”).

(c)

On the other hand, upon delay in the payment of the above loan, the Plaintiff filed a voluntary request for auction on August 21, 2018 for the instant factory building and site. On August 22, 2018, the Daejeon District Court rendered a decision to commence the auction procedure for D's voluntary auction procedure for D's real estate establishment (hereinafter referred to as "auction procedure following the said decision") with the Daejeon District Court established on August 22, 2018.

(d)

The object of the auction procedure of the instant voluntary auction is the instant factory building and its site, the factory machinery and equipment of the instant plant and one unit “including waterside facilities 200KW, 2290KVA, and ancillary facilities (2015 date of manufacture)” (hereinafter “the instant waterside facilities”) and the appraised value of the object of auction during the instant voluntary auction procedure is as follows.

The appraisal of the waterside facilities of this case, other than the presentation of the factory machinery of this case, is 1,327,271,000 won for the instant waterside facilities, except for the presentation of the factory machinery of this case on the site of the factory building of this case subject to appraisal.