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(영문) 대전지방법원서산지원 2019.08.28 2019가단1055
배당이의
Text

1. It was prepared on March 13, 2019 by the said court with respect to the case of the voluntary auction of real estate C with the Seosan District Court of Daejeon.

Reasons

1. The following facts can be acknowledged in full view of the purport of the entire pleadings in each statement in Gap evidence Nos. 1 to 5.

On February 3, 2014, the Defendant, without any security, extended a loan of KRW 6 million at the interest rate of KRW 4.81% (no interest rate of KRW 10% or KRW 18% per annum, nor interest rate before maturity) and on February 3, 2015 (hereinafter “the instant credit loan”).

B. In addition, on November 14, 2015, the Defendant extended a loan to D with interest rate of KRW 140 million at 2.31% (the annual interest rate of KRW 10% or KRW 18%, the redemption rate of KRW 18%) and on November 14, 2017, the due date for payment was determined and extended to D, and with respect to the real estate listed in paragraph (1) of the attached list of real estate owned by E (hereinafter referred to as “0 real estate”) and 1/2 shares of KRW 2,00,000,000,000 from E, the Defendant completed the registration of the creation of a collateral security (hereinafter referred to as the “instant collateral security”).

However, in the event of the instant mortgage contract, the Defendant and E entered into a limited collateral agreement that covers only a number of transactions, but the specific details of transactions that are the subject of the limited collateral have not been entered, and the written mortgage agreement does not include all the scope of the secured claim.

C.D completed the registration of ownership transfer on May 19, 2016 with respect to shares of 1/12 of the real estate and 2 real estate on May 19, 2016.

In addition, on August 31, 2016, the Plaintiff completed the registration of creation of a mortgage on the ground of the debtor D and the maximum debt amount of KRW 130 million, as to the share of 1/12 of the immovable property No. 1 and 2 of the immovable property.

E. The Defendant filed an application for the commencement of voluntary auction on the real estate C, 1/12 shares among the real estate 1 and 2, and 3, and the Defendant filed an application for the commencement of auction on the real estate 3 (hereinafter “instant auction”) accordingly, at the auction procedure conducted (hereinafter “instant auction”), the principal of the instant credit loan amounting to KRW 5,00,000, and the corresponding auction on May 4, 2018.

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