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(영문) 인천지방법원부천지원 2020.11.27 2018가합274
배당이의
Text

1. As to the distribution procedure of the real estate C, D, E (Dual) case in the Incheon District Court Branch C, the above court.

Reasons

1. Basic facts

A. On February 27, 2015, the Plaintiff: (a) lent KRW 300,000,000 to F Co., Ltd. (hereinafter “F”) at an annual interest rate of 12% per annum; and (b) on February 27, 2016, the Plaintiff drafted a notarial deed containing the content that “F would have no objection even if it was immediately subject to compulsory execution if it did not perform its obligation; (c)” with respect to F and its lending claims.

(hereinafter referred to as “instant notarial deed”). (b)

On June 21, 2016, F entered into a mortgage agreement with the Defendant and the Defendant regarding the real estate listed in paragraph (2) of the same list as the share of 438201, among the real estate listed in paragraph (1) of the attached Table No. 438201 (hereinafter “each of the instant real estate”), with the maximum debt amount of KRW 3,500,000 (hereinafter “the first mortgage agreement”). On June 21, 2016, in Incheon District Court Decision No. 40315, Jun. 21, 2016, F concluded a mortgage agreement with the Defendant regarding the registration of the establishment of a mortgage (hereinafter “the establishment of a mortgage agreement of this case No. 1”).

C. On October 24, 2016, F entered into a trade reservation with the Defendant on each of the instant real estate (hereinafter “instant reservation”) and completed the provisional registration of the right to claim ownership transfer (hereinafter “provisional registration of this case”) with the Incheon District Court No. 77179 on October 24, 2016.

On February 17, 2017, F entered into a mortgage agreement with the Korea Credit Guarantee Fund as the mortgagee, debtor, F, the maximum debt amount of KRW 1,608,600,000 (hereinafter “instant second mortgage agreement”) with respect to each of the instant real property, and completed the registration of establishment of a neighboring mortgage (hereinafter “the registration of establishment of a second neighboring mortgage”) with the Incheon District Court’s Branch Branch Kimpo-dong Office No. 12581, Feb. 17, 2017.

E. This case upon the plaintiff's application for a compulsory auction.

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