logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원성남지원 2015.07.23 2015가합203055
배당이의
Text

1. On December 26, 2014, with respect to the case of application for a voluntary auction of real estate D in Suwon District Court, the same court is the same as the case of application for a voluntary auction of real estate.

Reasons

1. Basic facts

A. On October 19, 2012, the Plaintiff entered into a credit guarantee agreement between the Plaintiff and Nonparty E, etc. (i.e., a credit guarantee agreement between the Plaintiff and Nonparty E) with respect to the obligation to return the principal and interest of loan to be borne by E to a national bank by E, the amount of security deposit of KRW 42,500,000, general loan of loans to loan subjects, and the term of guarantee was changed to October 18, 2013 (after this, October 17, 2014).

ii)a credit guarantee agreement under the credit guarantee agreement (hereinafter referred to as the “credit guarantee agreement of this case”).

A) On October 22, 2012, E concluded a credit guarantee agreement of this case with a credit guarantee of KRW 50,000,000 from a national bank as collateral and agreed to lose the benefit of all obligations when E is in arrears with interest, etc. or due to any cause, such as default. (ii) On April 1, 2014, E lost the benefit of all obligations against the national bank due to the registration of a person subject to credit management due to an individual party’s fault. Accordingly, the Plaintiff paid the national bank the principal and interest of KRW 42,62,21 on May 21, 2014 as the performance of the guaranteed obligation under the credit guarantee agreement of this case.

3) The Plaintiff spent KRW 1,197,401 as the cost of preserving the claim for reimbursement based on the said subrogation (=2014Kadan60323 provisional attachment cost of KRW 314,257 2014Kadan60637 provisional disposition cost of KRW 318,507 2014Kadan60636 provisional disposition cost of KRW 564,637), and collected KRW 279,720 among them. (b) On March 3, 2014, E completed provisional registration against Defendant C with Defendant C, each real estate (hereinafter “each of the instant real estate”).

2) As to the reservation to trade (hereinafter referred to as “instant reservation to trade”)

(2) On March 3, 2014, the Defendant C entered into a provisional registration of ownership transfer claim (hereinafter “provisional registration of this case”) with respect to each of the instant real property on the ground of the instant promise to sell and purchase the instant real property as the receipt of the provisional registration of ownership transfer claim (hereinafter “provisional registration of this case”).

(1) the United States Code has been completed.

C. The Plaintiff’s provisional attachment on each of the instant real estate on April 2014.

arrow