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(영문) 전주지방법원 2019.08.30 2018나10183
배당이의
Text

1. Revocation of the first instance judgment.

2. Upon the claims added by this Court, set out in the separate sheet between the Defendant and D.

Reasons

1. Basic facts

A. On June 30, 2014, the Plaintiff entered into a credit transaction agreement with D on each of the credit transaction agreements with KRW 100,000,000 for the general loan for business operation, and KRW 40,000,000 for the Small Enterprise Support Fund on August 20, 2014, and entered into a credit card use agreement on November 12, 2015.

B. At the time of February 28, 2017, the principal of the Plaintiff’s loan to D was KRW 135,330,000, but D continued to pay the interest of the loan and credit card payment after June 2, 2017.

C. In order to preserve the above loans and credit card payment claims, the Plaintiff filed an application for provisional attachment on the real estate listed in the attached list D (hereinafter “instant real estate”) owned by the Jeonju District Court due to the Jeonju District Court’s 2017Kadan235. On June 15, 2017, upon receiving a decision of provisional attachment from the above court, the Plaintiff completed provisional attachment registration with the claimed amount of KRW 106,783,304.

D On May 31, 2017, with respect to real estate recorded in the attached list, the registration of creation of a mortgage (hereinafter “mortgage”) was completed on June 2, 2017 by the Jeonju District Court No. 16363, Jun. 2, 2017, with respect to the Defendant’s establishment of a mortgage (hereinafter “mortgage”) of the maximum debt amount of KRW 36,000,000.

D was more than active property at the time of entering into the instant mortgage contract, and the real estate listed in the attached list was the only real estate owned by D.

E. On July 21, 2017, H Co., Ltd. filed an application for voluntary auction with the Jeonju District Court for the real estate indicated in the separate sheet as a mortgagee, and accordingly, the auction procedure (hereinafter “instant auction procedure”) was in progress regarding the said real estate. In the instant auction procedure, on May 21, 2018, the instant real estate was sold, and the registration of creation of a mortgage was cancelled on the same day as the instant real estate was sold due to the voluntary auction.

(f) on June 21, 2018, the court of auction.

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