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(영문) 수원지방법원성남지원 2017.05.16 2016가합206587
배당이의
Text

1. In a voluntary auction case for the enforcement of a real estate security interest C with Suwon District Court Sung-nam Branch, the said court shall hold the said court on October 20, 2016.

Reasons

1. Basic facts

A. On June 14, 2006, D, E, and the Plaintiff borrowed 250 million won from the Defendant (hereinafter “the first loan”). On January 30, 2007, E, F (E’s wife) and the Plaintiff, on the same day, as a joint security in order to secure the repayment of the first loan debt between the Defendant and the Defendant, they concluded a mortgage agreement on E-F-owned apartment Nos. 928, G, 1801 (hereinafter “the first apartment”) and HH apartment Nos. 1402 (hereinafter “the second apartment”) on the 14th, Sungnam-si, 1402 (hereinafter “the second apartment”). Pursuant to the instant mortgage agreement, the Plaintiff and the Plaintiff jointly established the mortgage agreement on the first and second apartment of this case as the Defendant’s mortgage (hereinafter “the maximum debt amount”).

B. Since March 17, 2008, D borrowed the second loan of this case from the Defendant.

C. On the other hand, on March 24, 2015, the Plaintiff’s debt KRW 175 million to the Defendant.

6. The promise to pay up to 30.30.

The letter of “(B)” was drawn up and issued. D.

On October 27, 2015, the Defendant filed an application for voluntary auction [the agreed rate of 24% per annum from July 14, 2015 to October 27, 2015] with respect to the apartment of this case No. 1 with the Incheon District Court Branch, the Defendant received from the said court a decision on voluntary auction (I) as to the apartment of this case as to November 1, 2015.

(2) On June 16, 2016, the Defendant submitted a claim statement to the creditor requesting auction on June 16, 2016. On June 29, 2016, the distribution court as the first collateral security creditor to Han Bank Co., Ltd. on June 29, 2016, as the first collateral security creditor, KRW 17,928,229 and as the creditor to the Defendant.

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