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(영문) 수원지방법원안양지원 2016.10.21 2016가단8907

배당이의

Text

1. A distribution schedule prepared on June 8, 2016 by the said court with respect to the auction of real estate B in the Suwon District Court for the auction of real estate B.

Reasons

1. The following facts may be found either in dispute between the parties or in combination with the purport of the entire pleadings in each entry in Gap evidence Nos. 1 to 9 and Eul evidence No. 1 (including additional numbers):

The Defendant’s loan and the establishment registration of a mortgage near the name of the Defendant (1) on February 1, 2012, the Defendant shall grant a loan of KRW 122,00,000 to C at an interest rate of KRW 7.99% per annum (hereinafter “the first loan”).

D) On the same day, D jointly and severally guaranteed the Defendant’s debt of KRW 180,700,000 for the first loan to Defendant on the same day. In addition, D is a house of KRW 121.6 square meters in E-gu and its second floor (hereinafter “one real estate”) between the Defendant and the Defendant during the same day.

As to the obligee and the mortgagee, the Defendant, C, and D, the mortgagee of the right to collateral security, the scope of the secured debt, and the maximum debt amount of KRW 158,60,000,00. On the same day, the Defendant concluded a mortgage contract with the Suwon District Court No. 7087, Feb. 1, 2012, which was received on February 1, 2012, and KRW 158,600,000 for the maximum debt amount of KRW 158,600 (hereinafter

(2) On February 1, 2012, the Defendant extended a loan of KRW 62,50,000 to C at an interest rate of KRW 7.99% per annum (hereinafter “second loan”). D guaranteed the Defendant’s secondary loan obligation of KRW 81,250,000 within the limit of KRW 81,250 on the same day.

In addition, D entered into a mortgage agreement with the Defendant regarding the second floor of Jongno-gu Seoul Metropolitan Government F No. 201 (hereinafter “second floor”) under its own possession with regard to the Defendant and the Defendant, with regard to the right to collateral security (hereinafter “second class real property”), which covers both the creditor and the Defendant, C, the person establishing the right to collateral security, the scope of the secured obligation, the maximum debt amount, and the maximum debt amount, KRW 81,250,000. On the same day, Seoul Central District Court received on February 1, 2012 as the receipt of the maximum debt amount No. 4914, Feb. 1, 2012, the Defendant is the “second class collateral security” and the “second class collateral security” refers to the first class collateral security.