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(영문) 수원지방법원여주지원 2014.07.10 2014가합10136
배당이의
Text

1. Of the distribution schedule prepared by the said court on January 15, 2014 in the Suwon District Court A real estate auction case.

Reasons

1. Basic facts

A. On November 12, 2008, the Defendant concluded a mortgage contract (hereinafter “mortgage contract of this case”) or a mortgage contract of this case (hereinafter “mortgage contract of this case”) with respect to C Apartment 105 and 702 (hereinafter “the real property of this case”) on the basis of “the scope of the secured obligation: the obligation (including interest, damages for delay, and other incidental obligation), the maximum debt amount: 130 million won; and the period for settlement of mortgage settlement: future designation; and completed the registration of establishment of mortgage of this case on the same day. However, the type of transaction was not stated in the limited column of collateral.

B. On November 13, 2008, the Defendant issued a loan agreement (hereinafter “the loan agreement of this case”) with the term “loan, loan (limited amount): KRW 100 million: November 13, 2008; expiration date of the loan period: November 13, 2010; 1.1% of the base rate: 1.1% of the base rate (the choice of Article 3(2)2 of the Standard Terms and Conditions for Credit Transactions) and delay damages (Article 3(5) of the Standard Terms and Conditions for Credit Transactions): the maximum amount of 18.9% per annum; the repayment method shall be freely repaid; the full amount shall be repaid at the expiration date of the loan period; and the time and method of payment of interest shall be the settlement date of each half-year as determined by the Union.”

C. On May 9, 2012, D obtained a provisional attachment decision of the claim amounting to 116,309,966 by Seoul Central District Court 2012Kadan1659, and completed the provisional attachment registration on the same day, and E completed the provisional attachment registration on May 16, 2012, with the claim amounting to 109,29,39,390, the provisional attachment registration on the same day after obtaining a provisional attachment order of the claim amounting to 116,306.

On May 3, 2013, the Defendant received a ruling to commence the sale of real estate at issue from A on May 3, 2013.

(hereinafter “instant auction”) e.

D. E submitted a claim statement on August 2, 2013, which was before the end period for demand for distribution.

F. In the instant auction, the Defendant: (a) the sum of KRW 133,178,855 in December 26, 2013 = 104,358,347 interest of KRW 26,156,748 in the principal of the claim.

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