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(영문) 춘천지방법원 2020.11.11 2019가단53729
배당이의
Text

1. Of the distribution schedule prepared on June 24, 2019 by the said court with respect to the case of the voluntary auction of real estate E by the Chuncheon District Court.

Reasons

1. Basic facts

A. On March 30, 2015, F entered into a credit guarantee agreement with the Defendant and the amount of security deposit of KRW 170,000,000, and KRW 55,250,000 on May 15, 2015.

B. On July 9, 2015, F took out a loan of KRW 890,00,000 for driving capital of agricultural and food enterprises from G Co., Ltd. (hereinafter “G bank”), and completed the registration of the establishment of a mortgage on July 9, 2015 with respect to the real property, other than the land of JJ in Chuncheon, which was owned by F, H, and I, and seven parcels, including the debtor F, mortgagee, G Bank, the maximum debt amount of KRW 1,100,000,000.

C. On October 14, 2016, Plaintiff A registered the creation of a neighboring mortgage of KRW 21,00,000 with respect to F’s portion out of the said J-owned and 14 parcels of real estate; Plaintiff B, on November 9, 2016, with respect to F and H’s share out of the said J-owned parcels of real estate, KRW 63,00,000 with respect to the establishment of a neighboring mortgage of KRW 63,000 with respect to the maximum debt amount; Plaintiff C, on September 1, 2017, completed the registration of the establishment of a neighboring mortgage of KRW 75,00,000 with respect to F and H’s share out of the said J-owned parcels of real estate.

G Bank filed an application for voluntary auction on September 4, 2018 with regard to the above J land and the real estate of 13 parcels on September 5, 2018, with the interest rate of 15% per annum from August 27, 2018 to the date of full payment of the principal amount of KRW 707,878,29 as of August 26, 2018 and the interest rate of KRW 688,168,770 among them, as the claim amount.

E. On September 20, 2018, after the Defendant subrogated to G Bank for F’s debt amounting to KRW 224,000,000, the Defendant acquired from G Bank credit amounting to KRW 224,000,000 and the right to collateral security thereon, and completed the registration of partial transfer of the right to collateral security in the name of the Defendant on October 5, 2018.

F. On June 17, 2019, Plaintiff A submitted the claim statement of KRW 19,665,205, and Plaintiff B submitted the claim statement of KRW 67,766,027, and Plaintiff C submitted the claim statement of KRW 82,665,643, respectively.

G. On June 24, 2019, with respect to the auction case of K real estate in this Court, the court of auction = KRW 752,632,271 to a limited liability company successor to G Bank.

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