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(영문) 청주지방법원 2015.10.14 2015가단105568
배당이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The instant real estate was the real estate B in fact of recognition.

(A) On February 3, 2012, the Plaintiff guaranteed the loans owed by D to the Bank within the scope of the above credit guarantee under the above credit guarantee agreement with D Co., Ltd. [the principal of the guaranteed principal 90 million won, the term of guarantee extended on February 1, 2013 (the period extended on January 29, 2015), and the rate of guarantee 90%]. On February 6, 2012, D Co., Ltd. obtained a general loan of 100 million won from the Bank under the above credit guarantee agreement. The Plaintiff guaranteed the loans owed by D Co., Ltd. to the Bank within the scope of the above credit guarantee agreement, and B jointly and severally guaranteed the indemnity obligations owed by D Co., Ltd. to the Plaintiff pursuant to the above credit guarantee agreement.

(Evidence No. 3) On August 4, 2014, the Defendant completed the establishment registration of a neighboring mortgage of 200 million won with the maximum debt amount on the instant real estate.

On August 4, 2014, 2014, D Co., Ltd. caused a credit guarantee accident that, due to the suspension of current account transaction, lost the benefit of time for the loans to the Bank.

(No. 3) On August 12, 2014, the Plaintiff filed an application for provisional seizure of real estate with the Suwon District Court for the provisional seizure of real estate, and completed the registration of provisional seizure (the provisional seizure order 2014Kadan2326) with the amount of KRW 90 million for the real estate in this case on the 14th of the same month.

On October 27, 2014, the Plaintiff subrogated for the loan obligations owed to the Bank by D in accordance with the credit guarantee agreement as above.

(No. 3) On April 21, 2015, the Defendant purchased the instant real estate in the Cheongju District Court C real estate auction case.

(Evidence No. 1 and No. 3) on May 20, 2015, Cheongju District Court C real estate auction on the date of distribution, the Korea Housing Finance Corporation received KRW 505,707,660 in the first priority order from the proceeds of sale of the instant real estate at KRW 645,064,309, excluding execution expenses from the principal and interest of the proceeds of sale of the instant real estate, and the Defendant received the amount claimed based on the said collateral security.

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