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(영문) 대구지방법원 2019.04.10 2018가단127191
배당이의
Text

1. Of the distribution schedule prepared on August 16, 2018 by the said court with respect to the auction cases involving B real estate.

Reasons

1. Basic facts

A. C (hereinafter “C”) on June 22, 2015, the following:

Under the Plaintiff’s guarantee, the Plaintiff loaned KRW 1.17 billion to D. On the same day, the Plaintiff completed the registration of creation of the right to collateral security (hereinafter “instant right to collateral security”) with the maximum debt amount of KRW 1.4 billion in respect of land E, F land, and factories on the same day.

B. On June 19, 2015, the Plaintiff issued a credit guarantee certificate with the content that guarantees KRW 1,05,000,000,000,000, out of the above loans, KRW 90%.

The credit guarantee agreement provides that “1. Business site land of which is not less than 1,404,00,000 won and not less than 2,000 won shall be subject to a loan under this guarantee agreement;

2. The first-class collateral security right under the Factory and Mining Foundation Mortgage Act (including land at a business place) shall be established to terminate the said guarantee amount by at least 642,00,000 won, regardless of whether the building (including land at a business place) and machinery (including land at a business place), which are the relevant facilities, are completed and installed immediately, and the third-class collateral security right under the Factory and Mining Foundation Mortgage Act (including land at a business place) is to be completed at least 1,402,00,000 won;

‘The entry' is written.

C. C on August 18, 2015:

Article 6 of the Act on Mortgage of Factories and Mining Foundations including factory machinery, etc. entered in the port of this case was completed by adding the list to the object of the mortgage of this case.

However, on December 29, 2016, the Plaintiff subrogated for KRW 287,764,096 to C on behalf of December 29, 2016. On January 2, 2017, C completed the registration of partial transfer of the right to collateral security, the amount of which is KRW 130,000,000, out of the instant right to collateral security, to the Plaintiff.

E. The defendant succeeded to the right to collateral security of this case from C.

F. Daegu District Court on August 16, 2018

In the case of auction of real estate stated in the order of the real estate mentioned in the Paragraph, the defendant, who is the right to collateral security, pays 960,461,314 won to the defendant and 0 won to the plaintiff, the right to collateral

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