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(영문) 대전지방법원 천안지원 2018.01.12 2016가합102828
공탁금출급권자확인
Text

1. On October 7, 2016, the Daejeon District Court rendered the Daejeon District Court's Branch Branch on 7 October 2016.

Reasons

1. Basic facts

A. The Plaintiff is an affiliate of C Group established for the purpose of housing construction business, sales agency business, real estate investment, consulting business, etc., and the Defendant is a student of C Real Estate Auction Education Center operated by C Group.

B. The Industrial Bank of Korea loaned 4.7 billion won funds for small and medium enterprise facilities to Sam River Business Co., Ltd., and, in order to secure the above principal and interest of loans, the Industrial Bank of Korea was set up the first-class collateral security (hereinafter “instant collateral security”) with respect to the land on four lots including Pyeongtaek-si D and the buildings on five lots above the ground (hereinafter “instant real estate”).

On May 21, 2015, on May 22, 2015, a limited liability company specializing in securitization of young children (hereinafter “non-party company”) acquired the instant claim from the Industrial Bank of Korea. After the transfer of the instant right to collateral security, it applied for the auction of the real estate on the instant real estate based on the said right to collateral security. Accordingly, on May 22, 2015, the procedure for the auction of the real estate on the instant real estate (case number: Suwon District Court Suwon District Court E; hereinafter the above auction procedure was called “instant auction procedure”).

C. On July 7, 2016, the Plaintiff entered into an implementation contract for participation in the auction procedure of this case (hereinafter “this case’s implementation contract”, which the Plaintiff agreed to participate in the auction procedure of this case between the non-party company and the non-party company, and “a contract (Evidence A2) prepared at the time of the said contract” refers to the execution contract of this case.

The details of the instant implementation contract are as follows.

The plaintiff will participate in the auction procedure of this case in progress for the collection of the claim of this case owned by the non-party company in the execution contract of this case, and to execute the contract as follows.

Article 1 (Tender Amount) The amount of the plaintiff's participation in the auction procedure of this case shall be at least 6.5 billion won.

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