beta
(영문) 수원지방법원여주지원 2015.12.03 2014가단33880

배당이의

Text

1. It was prepared by the said court on November 12, 2014 with respect to the case of voluntary auction of real estate A located in the Suwon District Court.

Reasons

1. Basic facts

A. B completed the registration of ownership transfer on July 8, 1997 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”). < Amended by Presidential Decree No. 14873, Sep. 22, 1995>

B. (1) On April 19, 2012, the Plaintiff entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with C on April 19, 2012, setting the credit guarantee principal at KRW 4.5 million, the credit guarantee term at KRW 19 million, and the interest rate for delay at KRW 12% per annum, and the Plaintiff jointly and severally guaranteed the obligation under the instant credit guarantee agreement with C.

Things C received a loan from the Industrial Bank of Korea in the amount of five million won for small and medium enterprise funds as a security under the credit guarantee agreement of this case on April 19, 2012.

Consolidated, on April 20, 2013, C incurred a credit guarantee accident as a result of the Industrial Bank of Korea’s failure to perform its principal obligation. On July 30, 2013, the Plaintiff subrogated to the Industrial Bank of Korea KRW 45,689,219 in total of C’s principal and interest obligation of the loan.

C. (1) The Korea Housing and Commercial Bank (the conversion into the Korea Housing and Commercial Bank on August 30, 1997, and dissolution) and the Korea Housing and Commercial Bank (the Korea Housing and Commercial Bank on November 1, 2001, and the Korean National Bank (the “National Bank”) is merged with the National Bank on November 1,

(2) The National Bank completed the registration of the establishment of a neighboring mortgage as follows with respect to the instant real property.

No. 12895, Mar. 24, 1998, No. 12898, Dec. 30, 2004, which was received on July 8, 1997, the holder of a right to the grounds for registration and other matters, and on July 1, 1997, the Korea Housing and Commercial Bank of Korea, No. 2080,000,000 won for establishing a contract, which was received on March 31, 2098, No. 12895, Dec. 30, 2004, the Korea Housing and Commercial Bank, the Korea Housing and Commercial Bank, the Ba-mortgage B, the Ba-mortgage B, the Ba-mortgage B, the debtor bank, the National Bank of Korea on June 21, 2005, No. 200657, Jun. 21, 2005.