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(영문) 창원지방법원 진주지원 2018.06.27 2017가합455
배당이의
Text

1. The contract to establish a mortgage between Defendant C and D on December 23, 2015 regarding the real estate stated in the attached list.

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim 1) The Plaintiff is the F Co., Ltd. (hereinafter “F”) from June 26, 2013 to June 26, 2013.

During the transaction of goods on credit with F on September 15, 2014, the Plaintiff prepared a goods transaction agreement and a letter of undertaking on the condition of cash settlement at the end of the following month after filing a monthly request with F on September 15, 2014. The representative director G of F and other non-executive directors D guaranteed the F’s obligation to pay goods to F in accordance with the said goods transaction agreement. 2) After the Plaintiff supplied steel products to F in accordance with the said goods transaction agreement, the Plaintiff supplied the said goods to F, and the F did not pay KRW 443,753,650 as of December 31, 2015 to the Plaintiff.

B. As the Plaintiff’s provisional attachment on the instant real estate, etc. was not paid the price of the goods, the Plaintiff filed an application for provisional attachment (Seoul District Court Decision 2016Kadan980, Apr. 25, 2016) with the amount of preserved claims amounting to KRW 443,750,00 on the instant real estate and H land and above ground buildings (hereinafter “H land and ground buildings,” and referred to as “D-owned real estate” in the instant real estate together with the instant real estate, and completed provisional attachment registration on the same day.

(hereinafter referred to as “instant provisional seizure”). C.

On October 29, 2015, the establishment registration of a collateral security right to the instant real estate was completed on October 29, 2015, with regard to the debtor F, the mortgagee B, Defendant B, and the maximum debt amount of KRW 106,707,00, and on December 23, 2015, with regard to the establishment of a collateral security right to the instant real estate, the establishment registration was completed on December 23, 2015, with the debtor D, the mortgagee C, and the maximum debt amount of KRW 120,000 (hereinafter “the establishment registration of each of the instant collateral security rights”).

On October 20, 2016, Defendant B filed an application for voluntary auction to Jinwon District Court E with regard to the instant real estate as a mortgagee on October 20, 2016, and the decision to commence voluntary auction was rendered on October 21, 2016 (hereinafter “instant decision to commence voluntary auction”).

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