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(영문) 수원지방법원안양지원 2019.07.26 2018가합103315
배당이의
Text

1. As to the auction of the real estate deposit C with the Suwon District Court, the said court prepared on August 22, 2018.

Reasons

1. Basic facts

A. The Plaintiff’s claim for redemption of bonds against D Co., Ltd. 1) E Co., Ltd. (hereinafter “E”).

D Co., Ltd. (hereinafter “D”) on March 6, 2014

B) As between D Co., Ltd. and D Co., Ltd., Ltd.’s first-guaranteed private equity bonds (the total face value of KRW 3.5 billion, the total face value of issue value of the bonds of this case; hereinafter “the bonds of this case”) issued by D entered into a contract with E to acquire the bonds with the maturity of March 6, 2017 and 4.952% per annum. At that time, E paid KRW 3.5 billion per annum. (2) On the same day, the Plaintiff entered into a contract for asset transfer, etc. under the Asset-Backed Securitization Act, and acquired the principal and interest of the bonds of this case and all rights incidental thereto (hereinafter “the bonds of this case”).

3) D was unable to repay the principal and interest of the bonds by March 6, 2017, which is the date of redemption of the bonds of this case. At that time, D’s principal and interest of the bonds were KRW 3,543,330,000 (=interest of KRW 43,330,000). (B) D’s disposal of real estate was each of the real estate listed in the separate sheet owned by D (hereinafter “each of the instant real estate”).

As to the mortgage contract, the mortgage contract of KRW 2,500,000 (hereinafter “mortgage contract of this case”) on March 7, 2017 is deemed as the maximum debt amount of KRW 2,50,000.

B) The sales contract on March 10, 2017 (hereinafter “instant sales contract”) was concluded on March 10, 2017.

A. Each party entered into the agreement

C. Auction 1) The F Co., Ltd., Ltd., in the auction procedure for each of the instant real estate, etc., shall hold a voluntary auction for D’s real estate, including each of the instant real estate, to the Suwon District Court Ansan Branch C (hereinafter “instant auction

(2) In the instant auction procedure, G purchased each of the instant real estate on June 28, 2018 and completed the registration of ownership transfer on the same day. In the instant auction procedure, G purchased each of the instant real estate on the same day.

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