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(영문) 전주지방법원 2015.04.13 2013가단38956

배당이의

Text

1. Defendant among the distribution schedule prepared on October 23, 2013 by the preceding district court C with respect to the auction of real estate in the preceding district court C.

Reasons

1. Basic facts

A. On April 4, 2002, D entered into a mortgage contract with the Defendant bank (hereinafter “Defendant bank”) on each real estate listed in the separate sheet (hereinafter “the instant real estate”). On April 4, 2002, D entered into a mortgage agreement with the Defendant bank, the secured debt, all obligations, and the maximum debt amount, at least KRW 1,210,000, with respect to credit transactions currently and future, and completed the registration of the creation of the mortgage (hereinafter “the instant mortgage”) in the name of the Defendant bank.

B. D entered into a credit guarantee contract with the Korea Technology Finance Corporation on April 13, 2007, when it received a loan from the Defendant bank as a loan from the Defendant bank. Accordingly, on April 14, 2011, the Korea Technology Finance Corporation subrogated the principal and interest of the loan granted to the Defendant bank as a credit guarantee, and on the same day, subrogated the Defendant’s new bank to pay the said amount by subrogation, and completed additional registration following the partial transfer of the instant collateral security on April 19, 201.

C. On January 24, 2013, according to the Defendant Bank’s voluntary auction application, the voluntary auction procedure regarding the instant real estate was initiated with the Jeonju District Court C (hereinafter “instant auction procedure”). D.

On September 4, 2013, when the auction procedure of this case was in progress, the Plaintiff acquired the claim against D and the right to collateral security in the name of the new company, limited liability company, and the new company of the limited liability company notified D of the transfer of credit on November 11, 2013.

E. Meanwhile, in the instant auction procedure, the Defendant bank reported the total amount of KRW 900,263,042 in the amount of the principal and interest on D’s debt incurred on April 1, 2005 and April 15, 201 as the amount of the claim. Defendant B claimed that part of the first floor of the instant real estate leased KRW 10,000,000,000, among the instant real estate, leased KRW 10,000,000, and filed a report on the right and demand for distribution.

(f)the court of auction.