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(영문) 서울북부지방법원 2016.11.18 2016가단103542
배당이의
Text

1. Of the dividend table prepared on January 21, 2016 by the above court with respect to the voluntary auction of real estate B by the Seoul Northern District Court.

Reasons

1. Facts of recognition;

A. On April 1, 2014, the Plaintiff entered into a credit guarantee agreement with a stock company C (hereinafter “Nonindicted Company”) on the basis of the guaranteed principal amount of KRW 180,00,000,000, and the term of guarantee on March 31, 2017, and provided credit guarantee for the principal and interest obligations owed by the Nonparty Company upon receiving a loan from the Han Bank on April 1, 2004.

D has jointly and severally guaranteed all obligations under the above credit guarantee agreement for the plaintiff of the non-party company.

B. Around October 1, 2014, Nonparty Company lost the benefit of the term of the above loan to a natural body, but did not pay the principal and interest of the loan. On December 29, 2014, the Plaintiff performed the guaranteed obligation by subrogation of KRW 181,73,226 to Han Bank Co., Ltd. on December 29, 2014.

C. On September 22, 2014, D entered into a mortgage agreement with the Defendant on the real estate listed in the separate sheet (hereinafter “instant real estate”) and completed the registration of the establishment of a neighboring real estate in the name of the Defendant under the name of the Seoul Northern District Court (Seoul Northern District Court No. 86782, Sept. 23, 2014).

On October 29, 2014, the Plaintiff received a provisional attachment order of KRW 180,00,000 against D as the Suwon District Court 2014Kadan101591, which is the claimed amount of KRW 180,000, and completed the provisional attachment registration on October 29, 2014.

E. Upon the application of the National Bank of Korea, the instant real estate was subject to voluntary auction procedure in Seoul Northern District Court B, and on December 23, 2015, the ownership of the instant real estate was transferred to E through voluntary auction, and on the same day, the right to collateral security in the name of the Defendant was cancelled.

On January 21, 2016, the auction court prepared a distribution schedule (hereinafter “instant distribution schedule”) that distributes KRW 30,000,000 to the Defendant, who is the mortgagee, who is the right to collateral security (hereinafter “instant distribution schedule”). The Plaintiff raised an objection against the Defendant’s dividends.

F. Meanwhile, the Plaintiff filed a lawsuit seeking revocation of a fraudulent act against the Defendant, etc. by the Seoul Central District Court 2015dan531602.

On June 24, 2016, the above court is called D.

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