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(영문) 대전지방법원 논산지원 2018.08.08 2017가합2472

배당이의

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On May 18, 2005, the Plaintiff: (a) borrowed 300 million won from Defendant C with interest rate of KRW 4 million per annum; (b) 2% of interest interest per annum (24% per annum); and (c) on May 18, 2007, agreed to lose the benefit of time when installment payments are overdue on more than two occasions; and (d) to immediately repay the debt.

On May 19, 2005, the following day, in order to secure the above loan debt, the Plaintiff set up a collateral (hereinafter “mortgage 1”) with respect to each real estate (hereinafter “instant real estate”) indicated in the attached Table 1 list, which was owned by Defendant C, with a maximum debt amount of KRW 420 million.

B. As of December 15, 2009, the Plaintiff, as of December 15, 2009, did not separately set the due date for repayment of KRW 400 million from Defendant C, prepared a loan certificate with interest rate of 2% (24% per annum), and set up a collateral security (hereinafter “mortgage 2”) with the maximum debt amount as of December 16, 2009, which is the following day in order to secure the obligation under the above loan certificate.

At the time of the establishment of the second right to collateral security, the Plaintiff was in de facto marital relationship with Defendant C, and completed the report of marriage with Defendant C on June 7, 2010.

C. On June 27, 2013, Defendant C transferred the instant secured claim on the first mortgage to Defendant B, Makdong, and completed additional registration prior to the right to collateral security.

Around August 2013, Defendant B applied for a voluntary auction on the instant real estate based on the first right to collateral security, and around that time, the Plaintiff heard the assignment of claims from Defendant C.

Defendant B withdrawn an application for voluntary auction on April 2014, again filed an application for voluntary auction of the instant real estate based on the first collateral security right in the instant case on November 2015, and accordingly, on November 17, 2015, the procedure of voluntary auction was initiated as D with regard to the instant real estate.

Defendant B shall have the auction court of December 2015.