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(영문) 전주지방법원 2017.11.01 2016가단33495
제3자이의
Text

1. On December 1, 2015, between the Plaintiff (Counterclaim Defendant) and the limited liability company B, as to the items indicated in the separate sheet between the Plaintiff and the agricultural company.

Reasons

1. Facts of recognition;

A. Establishment of senior mortgage and transfer of ownership of the instant real estate 1) D, upon obtaining a loan from the Defendant on January 27, 2012, upon obtaining a loan from the Defendant on January 30, 2012, D, on January 30, 2012, the Defendant is entitled to a prior priority mortgage of KRW 910 million with respect to the instant real estate (hereinafter “prior priority mortgage”).

(2) On October 4, 2012, an agricultural company E limited liability company (hereinafter “E”) purchased the instant real estate from D on October 4, 2012. On February 27, 2014, after taking over the secured obligation of the foregoing right to collateral security established on the instant real estate, the registration of change of the right to collateral security changed to E on February 28, 2014.

3) A limited liability company B (hereinafter “B”)

(B) After purchasing the instant real estate from E on June 16, 2015, the Plaintiff completed the registration of ownership transfer on the instant real estate on June 18, 2015. (B) The Defendant B loaned from the Defendant the total amount of KRW 115 million on June 30, 2015, KRW 80 million, and KRW 50 million on October 13, 2015, KRW 100 million on the instant real estate. On January 19, 2016, the Defendant completed the registration of the establishment of a mortgage over the maximum debt amount of KRW 150 million on the instant real estate.

2) B, who did not repay the principal and interest of the above loan, on March 21, 2016, the Defendant filed an application with the Jeonju District Court for a payment order against F, who jointly and severally guaranteed the above loan obligation as the representative director of the Jeonju District Court 2016 tea135. On March 22, 2016, the above court ordered the payment order stating that “B and F jointly and severally paid to the Defendant the amount of KRW 15 million and delay damages therefor,” and the above payment order became final and conclusive. (C) If E is unable to repay the principal and interest of the above loan obligation, the Defendant filed an application for a voluntary auction (hereinafter “instant voluntary auction”) on March 4, 2016 with the Jeonju District Court for the instant real estate on the basis of the first priority mortgage (hereinafter “instant voluntary auction”). The above court on March 7, 2016.

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