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(영문) 수원지방법원 안산지원 2018.11.28 2018가단54197
배당이의
Text

1. It was prepared on March 15, 2018 by the said court with respect to the auction of the real estate status C with the Suwon District Court Ansan Branch C.

Reasons

1. Basic facts

A. D Co., Ltd. (hereinafter “D”) entered into a license guarantee insurance contract with the Plaintiff and the insured for the guarantee of the payment of deposit for restoration expenses due to conversion of a mountainous district in order to guarantee the payment of deposit for restoration expenses for the conversion of a mountainous district in Ycheon-do, Gangwon-do, for the payment of deposit for the conversion of a mountainous district, the insurance amount of 239,26,000 won, and the insurance period of which was from December 20 to December 31, 2005, and E and F stand jointly and severally guaranteed the obligations under the above guarantee insurance contract against the Plaintiff.

B. Meanwhile, on April 15, 2008, E completed the registration of the establishment of a neighboring maximum debt amount of KRW 120 million to G Co., Ltd. on the apartment as indicated in the separate sheet owned by oneself (hereinafter “the apartment of this case”), and completed on December 24, 2010, the registration of the establishment of a neighboring maximum debt amount of KRW 100 million to the Defendant, who is the married male-child-gu (Marriage of May 27, 2014) of his/her father-gu (hereinafter “the creation of a neighboring apartment of this case”).

On February 10, 2011, the Plaintiff was rendered a ruling of provisional seizure of real estate (Seoul Central District Court 201Kadan3507) with a claim amounting to KRW 239,266,000 for the apartment of this case.

C. On October 28, 201, the Plaintiff paid KRW 239,266,00 to Ycheon-gun, Gangwon-do on behalf of the Plaintiff, and filed a lawsuit against D, E, and F to file a claim for reimbursement (Seoul District Court Decision 2012Ga72703) on August 28, 2013, and was sentenced to a ruling ordering a joint payment of damages for KRW 239,26,00 among the KRW 243,985,766 and KRW 239,26,00,000. The above ruling became final and conclusive at that time.

Afterward, the defendant's motion to distribute the amount of KRW 219,049,410 to the tenant I on March 15, 2018 from voluntary auction (U.S. District Court, Ansan Branch), which started with respect to the apartment of the instant apartment, to the defendant, who is the applicant creditor and the mortgagee, and the right to collateral security, to distribute the remaining amount of KRW 28,634,760 to the plaintiff, the right to collateral security, who is the applicant creditor and the right to collateral security, as the right to collateral security, in the second order.

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