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1. Of the instant lawsuit, on February 4, 2016, the real estate indicated in the separate sheet between the defendant and the debtor A, among the instant lawsuit.
Reasons
1. Facts of recognition;
A. On July 27, 2015, the Plaintiff loaned KRW 50,000,000 to F Co., Ltd. (hereinafter “Nonindicted Company”) at interest rate of 2.85% per annum (one hundred and twenty percent per annum).
A has set up a limit of KRW 60,000,000 as a joint and several surety for the debt owed to the plaintiff of the non-party company.
B. On February 4, 2016, A and the Defendant entered into a mortgage agreement with regard to the real estate listed in the separate sheet (hereinafter “instant real estate”) with regard to the real estate (hereinafter “instant real estate”) indicated in the separate sheet under the condition that they are jointly and severally liable for the Defendant’s loan. On the same day, on February 4, 2016, A and the Defendant completed a mortgage agreement with regard to the instant real estate (hereinafter “instant mortgage agreement”) under the condition that they are jointly and severally liable for the payment of the Plaintiff’s loan. On February 4, 2016, the Suwon District Court: (a) issued a mortgage agreement with regard to the registration of the establishment of the instant real estate (hereinafter “instant mortgage agreement”); and (b) issued a mortgage agreement with regard to the registration of the establishment of the instant real estate (hereinafter “instant collateral”).
C. As to the instant real estate, the Suwon District Court rendered a decision to commence an auction procedure to exercise the security right (hereinafter “instant auction procedure”) by Sungwon District Court Branch D and E (Dual).
In the auction procedure of this case, at the lower court’s 303,762,728 won to be actually distributed on March 15, 2018, the said court drafted a distribution schedule that distributes each of the said KRW 198,09,99,90 to the G Co., Ltd., a senior mortgagee, and KRW 75,000,000 to the Defendant, KRW 30,000 to the Defendant, and KRW 195,518 to the south of Korea, a tax payer (hereinafter “instant distribution schedule”). D.
On the other hand, A filed a petition for bankruptcy with Suwon District Court 2018Hadan2010 on July 6, 2018, and the above court declared A bankrupt on February 12, 2019.