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(영문) 광주지방법원 2016.11.15 2016가단7574

배당이의

Text

1. Of the instant lawsuit, the part regarding Defendant Korea’s EF&A’s limited liability company specializing in the 37th securitization, and Defendant A’s Defendant.

Reasons

1. Basic facts

A. The real estate listed in the separate sheet (hereinafter “instant building”) is owned by G Co., Ltd. (hereinafter “G”).

B. The National Federation of Fisheries Cooperatives (hereinafter referred to as the “NFC”) as a creditor of G, shall complete the registration of creation of a mortgage on the first priority priority of the maximum debt amount of KRW 1.3 billion on December 28, 2006 with the instant building and its site (hereinafter referred to as the “instant building, site, etc.”) as a joint security of the instant building and its site (hereinafter referred to as the “instant building, site, etc.”) and J 43 square meters in Gwangju North-gu (hereinafter referred to as the “instant building, site, etc.”) as a creditor of G, and on the same day, the Defendant Gwangju Gwangju Distribution Community Co., Ltd. (hereinafter referred to as the “Defendant Gwangju Distribution”) completed the registration of creation of a mortgage on the second priority of the maximum debt amount of KRW 1.4 billion with the site, etc. as a joint security as a creditor of G.

C. On January 3, 2013, K (hereinafter “K”) and G, and NFFC entered into a written agreement on debt acquisition with respect to the obligation of KRW 1 billion to NFC, with respect to the instant building, site, etc., and NFC agreed that NFC’s first priority of NFC as to the instant building, site, etc. shall be changed to and continued to maintain K as the debtor. Accordingly, the registration of change in the debtor’s name was made on January 3, 2013 with respect to the registration of the establishment of the first priority neighboring to NFC.

At the time of the above assumption of the obligation, the plaintiff A, together with the K representative L, was a joint and several surety of K, who is a joint and several surety of K, and ordered NFF to set up a collateral guarantee of 1.

E. On April 4, 2013, NFFC filed an application for voluntary auction based on the first priority collective security (hereinafter “instant auction procedure”) against the instant building, site, etc. with the Gwangju District Court F, and received a decision to commence voluntary auction from the Gwangju District Court on April 4, 2013, and completed the registration of the entry of the said decision to commence auction on the same day.

F. NFFC on June 26, 2013, is the defendant hereinafter referred to as the "Korean Ef&A Co., Ltd and the defendant Haf&A No. 37 securitization specialized company."