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(영문) 서울북부지방법원 2017.06.23 2016가단131646
배당이의 등
Text

1. The contract to establish a right to collateral security concluded on May 21, 2014 between A and the defendant regarding the real estate stated in the attached Form between A and the defendant is 35,524.

Reasons

1. Facts of premise;

A. (i) On November 2, 2007 between the Plaintiff and A, the lending limit of KRW 30,000,000 (passive deposit) and the Plaintiff, interest rate of KRW 10.75% (not later than interest rate of KRW 21%) per annum, and the lending period has been extended by entering into a monetary lending loan agreement with the Plaintiff on October 31, 2008 at the expiration of the lending period and making a deposit within the lending period.

B. On May 15, 2014, the balance of the principal and interest of the instant loan was KRW 34,811,093, and on October 31, 2015, the principal and interest of the instant loan was not repaid as of October 31, 2015 (the principal and interest of the instant loan KRW 28,80,000,000 among them, and hereinafter “the principal and interest of the instant loan”).

B. (i) The Plaintiff completed on June 24, 2008 the registration of creation of a mortgage on the apartment of this case owned by A, the maximum debt amount of which is KRW 27,600,000, and the debtor’s establishment of a mortgage on the apartment of this case (hereinafter “Plaintiff’s mortgage”).

B. On November 13, 2013, the above apartment was registered for provisional attachment on the claim amounting to 15,813,527 won, the Defendant’s claim amounting to 45,00,000 won on December 31, 2013, and on April 17, 2014, each of the claims amounting to 20,430,374 of the Industrial Bank of Korea.

(2) On May 21, 2014, the Defendant concluded a mortgage contract (hereinafter “instant contract”) between A and A, a joint and several surety, with the maximum debt amount of KRW 54,00,000, and the debtor D (hereinafter “instant contract”).

Applicant on May 23, 2014, the Defendant completed the registration of the establishment of a neighboring mortgage (hereinafter referred to as the "Defendant-mortgage, etc.") based on the above apartment contract, and on the same day, the registration of provisional seizure in the name of the Defendant was cancelled.

(v) At the time of the instant contract, A had no particular property other than the instant apartment that is the market price of KRW 180,000,000 to KRW 192,50,000,000,000. The said apartment was a lessee prior to the Defendant’s right to collateral security (130,000,000,000).

C. On September 24, 2015, the Defendant’s motion for the commencement of auction and the progress of distribution.

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