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(영문) 광주고등법원(전주) 2016.05.19 2015나100452
배당이의
Text

1. Revocation of a judgment of the first instance;

2. As to the preceding State District Court A, B (Consolidated) auction cases of real estate.

Reasons

1. Basic facts

A. On May 24, 2006, the Plaintiff’s lease to C and the establishment of a right to collateral security (1) C is a 1,227.6m2 (hereinafter “instant real estate”).

(2) On August 18, 2006, the Plaintiff agreed to lend KRW 1,832,00,000 to C with interest rate of KRW 4.8% per annum and 12% per annum at overdue interest rate, respectively, and paid part of them.

(3) In order to secure the instant loan, C shall be deemed to be the existing collateral of this case in total of 4,00 square meters in E, Kim Jong-si, 2,96 square meters in land for D, 2,96 square meters in land for D, 481.11 square meters in a Dominsy factory in D-based general steel structure, 481.1 square meters in a Dominsy factory in a general steel structure, 194.4 square meters in a general steel structure, 1, 194.4 square meters in a Domins factory (workplace) in a general steel structure, 316.81 square meters in a Domins factory (ware) in a general steel structure, 2, and 149.44 square meters in a Domins factory (workplace) in a general steel structure, in which case the instant loan is located.

(4) On August 21, 2006, the Korea Credit Guarantee Fund concluded a mortgage agreement with the Plaintiff regarding the instant loan amount of KRW 2,439,00,000,000 with the maximum debt amount. (3) The Korea Credit Guarantee Fund set the credit guarantee rate of KRW 100 per cent of the amount of the instant loan to the Plaintiff and KRW 2,198,40,000 for the instant existing collateral under the conditions of the guarantee; and (4) provided that the said credit guarantee should be fully terminated by establishing a mortgage for the instant existing collateral in excess of KRW 2,198,40,00 for the terms of the guarantee; and (2) providing a loan under the credit guarantee under the Act on Mortgage of Factories and Mining Foundations, as a condition of the guarantee; and (3) immediately after the completion

5) On August 21, 2006, the Plaintiff completed the registration of the establishment of a neighboring mortgage on the existing collateral of this case pursuant to the aforementioned contract to establish a mortgage.B. Around November 2006, the Plaintiff remains due to the occurrence of the C’s first default against the Plaintiff.

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