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(영문) 서울남부지방법원 2018.01.17 2017가단6768
배당이의
Text

1. From among the distribution schedule prepared on March 7, 2017 by the Seoul Southern District Court D in the auction case of real estate, the above court.

Reasons

1. Basic facts

A. A around 2006: (a) purchased apartment units of the Gangseo-gu Seoul Metropolitan Government E No. 1411 (hereinafter “the instant real estate”) and (2) purchased from the Young-gu Kug-si F No. 203 2044, J. 203; and (b) obtained a loan of KRW 322,00,000 from the Dogyang Savings Cooperatives (hereinafter “Dogsan Savings Association”) on October 8, 2009 as security for the remainder of the said real estate.

B. A began to delay repayment of principal and interest from November 8, 2014, immediately after a grace period for the above loan (five years, up to October 8, 2014), and immediately after the repayment of principal and interest became due. From January 15, 2015, A began to delay repayment of principal and interest for KRW 20,000,000 additionally loaned from the above union as household funds.

C. On October 14, 2009, on the instant real estate, the registration of the establishment of a right to lease on a deposit basis with the person having chonsegwon G, 250,000,000 won was completed. However, on January 15, 2015, A entered into a mortgage contract with the Defendant regarding the instant real estate with the obligor A, the maximum debt amount of KRW 70,000,000, and the mortgage registration was completed to the Defendant on the same day.

(hereinafter “instant collateral security”). D.

Meanwhile, on the other hand, the Korea Coast Guard applied for provisional seizure of the instant real estate as the Suwon District Court 2015Kadan433 on February 6, 2015. On the other hand, the Korea Coast Guard applied for provisional seizure of the instant real estate from the said court on February 6, 2015, and applied for provisional seizure of the said real estate as H of the same court on February 17, 2015. The said real estate was sold to I on September 25, 2015.

E. As the sale price of the real estate in question falls short of the total amount of the loans owed to the Domini Association, the remaining obligation remains at 108,425,490 won (loans 88,304,490 won credit loans 20,120,511). A goes bankrupt and goes bankrupt as of November 4, 2015 by the Incheon District Court Decision 2015Hadan5649, 2015, and 5652.

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