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1. As to the case of the auction of real estate B, the said court prepared on January 27, 2016 in Seogu District Court Branch B.
Reasons
1. Basic facts
A. On June 19, 2014, the Plaintiff and Nonparty C Co., Ltd. (hereinafter “Nonindicted Company”) concluded two credit guarantee agreements as follows, and Nonparty D (hereinafter “Nonindicted Company”) as the representative of the Nonparty Company, jointly and severally guaranteed the Nonparty Company’s obligation to the Plaintiff under the said credit guarantee agreement.
The credit guarantee period of the lending bank from Nos. 1 and 600,000,000 to June 28, 2013 to June 26, 2015, an enterprise bank 300,000,000 won from June 20, 2013 to June 19, 2015.
After the occurrence of the Plaintiff’s right to indemnity upon the fulfillment of the guaranteed obligation, on December 26, 2014, the company bank notified the Plaintiff of the Non-Party Company’s guarantee accident. On February 9, 2015, the Plaintiff subrogated to the company bank totaling KRW 906,226,370 as the performance of the guaranteed obligation, and paid KRW 8,519,110 in total as the expenses of provisional attachment and provisional disposition in order to preserve the claim against the non-party company and the non-party debtor.
C. On November 3, 2014, prior to the foregoing guarantee accident, the non-party debtor concluded a mortgage agreement with the Defendant regarding the real estate indicated in the separate sheet (hereinafter “instant land”) owned by the non-party debtor (hereinafter “the instant mortgage agreement”) with the maximum debt amount of KRW 350,00,000, and completed the registration of the establishment of the neighboring land under the name of the Defendant on November 4, 2014.
On January 21, 2015, the Plaintiff received a provisional attachment order of KRW 2,923,031,271 as the Seoul Central District Court 2015Kadan80206 on the instant land in order to preserve the claim for reimbursement against the non-party debtor.
On May 13, 2015, the voluntary auction procedure was initiated as Seo-gu District Court Seo-Support B with respect to the instant land.
On January 27, 2016, the above auction court is the mortgagee of the right to collateral security of KRW 328,718,896 out of the total dividend amount of KRW 628,804,276.