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1. Regarding the Suwon District Court B real estate compulsory auction case and C(Dual) auction case, the above court shall have jurisdiction over the auction case of real estate;
Reasons
1. Evidence 1, A2, and the purport of the whole pleadings
A. On July 16, 2012, the Plaintiff entered into a credit guarantee agreement with D and guaranteed principal of KRW 30,000,000, and the term of guarantee by July 14, 2017.
D has received a loan from the Plaintiff to the new bank in charge of the credit guarantee agreement.
B. D loses the benefit of the time limit for the above loan, and the Plaintiff subrogated to the new bank, which entered into a dispute resolution committee on September 12, 2016, KRW 9,532,958.
C. On April 21, 2016, D entered into a mortgage agreement with the Defendant, setting the maximum debt amount of KRW 52 million, with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”), which is the sole property of the Defendant, as KRW 52 million, and completed the registration of establishment of a neighboring mortgage under the name of the Defendant (hereinafter “instant collateral security”) by the Suwon District Court No. 35172, Apr. 22, 2016.
The D’s E’s application for compulsory auction (U.S. District Court B) and the KAB, but the KAB’s application for voluntary auction (U.S. District Court C) was commenced on February 28, 2017. Of the amount to be actually distributed on the date of distribution held on February 28, 2017, the above court prepared a distribution schedule with the content of KRW 33,590, the KAB in order to the KAB in order to pay dividends, and KRW 164,035,859, the KAB in the KAB bank, but to the KAB bank in the 164,035,85,859, the KAB bank in the 3th,379,678, and the 4th provisional seizure (the claimed amount) to the Defendant of the 3rd mortgagee, the 39,586,773 won in the KAB, and the 13,61024 won in the KA.
E. The Bank, the Plaintiff, and E, have raised an objection to the total amount of dividends against the Defendant and filed a lawsuit of demurrer against the distribution.
F. D shall pay to the Plaintiff 9,863,158 won and 9,532,9589 won and 12% per annum from September 12, 2016 to October 20, 2016, and 15% per annum from the next day to the date of full payment.
D. ..