logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원고양지원 2020.01.15 2019가단91837
배당이의
Text

1. It was prepared on September 3, 2019 by the High Government District Court with respect to the auction case of Goyang Branch B real estate.

Reasons

1. Facts of recognition;

A. On May 18, 2016, the Plaintiff entered into a credit guarantee agreement (hereinafter “instant credit guarantee agreement”) with Non-Party D Co., Ltd. (hereinafter “Non-Party D”), the guaranteed amount of KRW 144 million, and the term of guarantee on May 17, 2017 (it shall be changed to November 16, 2018), and E and C jointly and severally guaranteed the obligations of Non-Party Co., Ltd under the instant credit guarantee agreement.

Accordingly, as a security, the non-party company received a loan of KRW 180,000 from the Industrial Bank of Korea. Around June 26, 2018, there was an accident of guarantee, starting with delay in paying the principal and interest of the loan, and at the request of the Industrial Bank of Korea, the Plaintiff subrogated for the principal and interest of the loan in arrears of KRW 146,62,287 on November 30, 2018.

B. On July 10, 2018, the Defendant concluded a contract with the Defendant on the establishment of the right to collateral security (hereinafter “instant real estate”) with respect to F-building G in Yongsan-gu, Yongsan-gu (hereinafter “the instant real estate”) of KRW 300 million with the maximum debt amount. On the same day, the establishment of the right to collateral security (hereinafter “the instant right to collateral security”) was completed on the same day with respect to the instant real estate as the Goyang-gu District District Court No. 77349.

C. The auction procedure on the instant real estate was conducted at the request of the H Bank, which is the first secured mortgage on the instant real estate, in order to obtain a voluntary auction procedure on the instant real estate, to the Goyang-dong District Court B (hereinafter “instant auction procedure”). The instant real estate was sold in the said procedure, and the registration of the establishment of the instant real estate in the name of the Defendant was revoked.

On the other hand, the auction court shall distribute the amount of KRW 2,017,723,849, which is to be actually distributed on September 3, 2019, and distribute the amount of KRW 6,903,550, and the amount of KRW 1,505,460,009, and KRW 79,00,00,000, which is the mortgagee, to the defendant, who is the mortgagee, in the order of priority.

arrow