beta
Text
1. It was prepared on February 7, 2018 by the same court with respect to voluntary auction cases of real estate C with Busan District Court Dong Branch C.
Reasons
1. Basic facts
A. From May 27, 2011 to November 25, 2015, the Plaintiff entered into a ten credit guarantee agreement with D and issued a credit guarantee agreement, and D was granted a loan from E (hereinafter “E”) as security.
B. Due to D’s guarantee accident, the Plaintiff subrogated to E for approximately KRW 50 million, and filed a lawsuit against D for reimbursement amounting to KRW 2016da7882 at the Changwon District Court.
In addition, in the same case, D’s decision on recommending reconciliation was finalized on January 13, 2017, with the purport that D’s 547,096,401 won and 538,487,911 won among them shall be 12% per annum from October 18, 2016 to November 7, 2016, and 15% per annum from the next day to the date of full payment.
C. On August 19, 2010, D purchased F apartment and G (hereinafter “instant apartment”) from the Nam-gu, Busan (hereinafter “instant apartment”) in KRW 140 million and completed the registration of ownership transfer on October 12, 2010. On December 28, 2010, D completed the registration of creation of a neighboring mortgage with the maximum debt amount of KRW 60 million and the debtor D. On May 13, 201, D completed the registration of creation of a neighboring mortgage with the debtor D on May 12, 201.
On June 16, 2016, after receiving the notification of a credit guarantee accident, the Plaintiff provisionally seized the instant apartment on the same day after receiving the ruling of provisional attachment 2016Kadan609 from the Changwon District Court.
E. On May 31, 2017, the Defendant filed an application for the instant apartment in Busan District Court’s Dong Branch C real estate auction with the Busan District Court, and on February 7, 2018, the said court rendered the Defendant an application on the date of distribution to the Defendant as a lessee of small amount of KRW 19 million and KRW 50,713,682 in the order of priority to the Defendant, a senior mortgagee, and KRW 150,000 won in the order of priority to the Defendant, a subordinate mortgagee, and the Plaintiff and the Plaintiff, a lessee with a fixed date, jointly with the Defendant and the Plaintiff, a lessee with the provisional attachment authority, in the order of priority to the Defendant 4.