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(영문) 의정부지방법원 2020.10.28 2019가단19009
배당이의
Text

1. The contract to establish a mortgage concluded on February 15, 201 between D and the defendant with respect to real estate stated in the attached list is 3.3.

Reasons

Basic Facts

D is a member who uses a credit card from the Plaintiff and bears the obligation of the credit card use price. Since April 2018, it began to delay the credit card use price.

The Plaintiff applied for a payment order against D to request payment of credit card bills, and on June 8, 2018, “D” paid the Defendant 23.9% per annum for KRW 21,580,978 and KRW 18,027,90 per annum for KRW 23.9%, KRW 1,147,826 per annum for KRW 16.6%, KRW 1,585,647 per annum for KRW 24% per annum for KRW 16.6%, KRW 1,585,647.

(B) On February 18, 2019, the Plaintiff and the Defendant entered into a mortgage agreement (hereinafter “mortgage agreement”) with respect to each of the real estates listed in the separate sheet owned by the Defendant on February 15, 2019 (hereinafter “each of the instant real estates”) with respect to the establishment of the right to collateral security (hereinafter “the right to collateral security”). On February 18, 2019, D concluded a mortgage agreement with the Defendant, which establishes the right to collateral security (hereinafter “the right to collateral security”). On February 18, 2019, D completed the registration of the establishment of the right to collateral security (hereinafter “the right to collateral security”).

On the other hand, each of the instant real estates was set up as the maximum debt amount of KRW 30,00,000,000 with respect to each of the instant real estates as of July 3, 2017, and as the debtor D and the collective security holder F association (hereinafter “F”).

F The F applied for a voluntary auction on each of the instant real estate based on the foregoing right to collateral security and made a decision to commence the voluntary auction on February 25, 2019, and is called the District Court E and the instant voluntary auction procedure (hereinafter referred to as “voluntary auction procedure”).

() The Plaintiff made a demand for distribution in the instant voluntary auction procedure. In the instant voluntary auction procedure, each of the instant real estate was sold, and the auction court has sold 124,560 won among the amount to be actually distributed on October 7, 2019, and 124,560 won among the amount to be distributed on October 7, 2019, and KRW 30,000,000 to F, and KRW 632,840 to the High Tax Office, and KRW 20,716,380 to the Gocheon Tax Office, and KRW 20,716,300 to the Gocheon Tax Office, and KRW 1,740,380 to the National Health Insurance Corporation (Ycheon Branch, 4,934.

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