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(영문) 의정부지방법원고양지원 2016.09.23 2016가단1604

배당이의

Text

1. It was prepared on January 14, 2016 by the above court with respect to the voluntary auction case of the real estate B in Gyeyang-gu District Court.

Reasons

In full view of the overall purport of the arguments in evidence Nos. 1 through 6, the non-party Songpo Agricultural Cooperative (hereinafter the “Spopool National Agricultural Cooperative”) concluded a limited collateral agreement with the non-party C on November 23, 2006 regarding the loan transaction of "Yongyang-gu, Young-gu and five parcels (hereinafter the “instant real estate”). The limited collateral agreement with the purport of offering all the present and future debts as security for the real estate of this case, was established based on the above agreement with the maximum debt amount of 624,00,000 won (hereinafter the “first collateral agreement”). After May 15, 2009, the limited collateral agreement with the maximum debt amount of 130,000,000 won for the instant real estate should not be limited to the existing debt amount of 130,000,000 won as a special agreement with the above collateral agreement."

The court below established the second mortgage (hereinafter “the second mortgage”) with the maximum debt amount of KRW 130,00,000 on the same day on the basis of the above contract, and Songpo Nonghyup loaned KRW 580,00,000 to C on December 6, 2010, and at the time C confirmed that the secured debt amount of KRW 580,00,000 should be included in the secured debt amount of KRW 1,200,000. The Songpo Nonghyup loaned the principal and interest of KRW 30,00,000 to C on October 21, 2011. Meanwhile, on the real estate of this case, the court below set up the confirmation document with the purport that the secured debt amount of KRW 580,00,000 shall be included in the secured debt amount of KRW 1,30,000,000,0000, the amount of the principal and interest of KRW 30,000 to C on October 21, 2016.