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1. Of the distribution schedule prepared on October 4, 2013 by the same court with respect to the auction of real estate B by Busan District Court.
Reasons
1. Basic facts
A. On March 5, 2012, the Plaintiff entered into a credit guarantee agreement with C Co., Ltd. (hereinafter “C”) and issued a credit guarantee agreement with an individual guarantee method (hereinafter “the instant credit guarantee agreement”) between C and C on March 5, 2012 in order to guarantee its repayment obligation, and C was loaned KRW 190 million from a corporate bank as collateral.
B. D, the representative director of C, was jointly and severally guaranteed all obligations owed by C to the Plaintiff at the time of the credit guarantee agreement.
C. As the agreed interest on the loans of an enterprise bank was in arrears, there was a credit guarantee accident that loses the benefit of June 29, 2012. On February 18, 2013, the Plaintiff subrogated to a limited liability company specializing in C’s loan principal amounting to KRW 190 million and the agreed interest amounting to KRW 7,631,03, total amounting to KRW 197,631,003, and KRW 197,631,003.
The Plaintiff was issued a decision of provisional seizure of real estate in the Busan District Court No. 2012Kadan8195 on real estate in attached Form D (hereinafter “the apartment of this case”) with the claim for indemnity money due to the performance of the guaranteed obligation as the preserved right.
E. On April 26, 2012, D concluded a mortgage agreement on the instant apartment, which is the only responsible property at the time between the Defendant and the Defendant (hereinafter “instant mortgage agreement”). On the same day, D concluded a mortgage agreement on the instant apartment, which is the only responsible property at the time, and completed the registration of the establishment of a mortgage on April 26, 2012, which is the debtor D, the mortgagee, the Defendant, and the maximum debt amount of KRW 100 million, to the Defendant as to the said apartment.
F. On October 24, 2012, a corporate bank, as the mortgagee of the instant apartment, received a decision to commence the sale of the said apartment on October 24, 2012 from Busan District Court B.