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(영문) 수원지방법원 2016.09.22 2015가합67706
배당이의
Text

1. Of the distribution schedule prepared by the Suwon District Court on August 21, 2015 with respect to cases of compulsory auction of real estate A and B.

Reasons

1. Facts of recognition;

A. As to the Defendant’s disposal of a factory site C 2,156 square meters (hereinafter “instant land”), Suwon District Court’s registry office, which received on August 25, 2011, No. 12872, the Suwon District Court completed the registration of creation of a neighboring mortgage (hereinafter “the instant first-class mortgage”) with respect to the Defendant’s disposal of a factory site C 2,156 square meters (hereinafter “instant land”).

B. On December 22, 2011, the Plaintiff issued a technology credit guarantee certificate (guarantee number: D; hereinafter “instant guarantee certificate”) with a limit of KRW 1.26 billion with respect to the obligation of loans borrowed from the Defendant from the Defendant.

In the letter of guarantee of this case, "1. The defendant must handle the loan under the loan contract of this case after the establishment of the second-class collateral security above the loan amount on the land of this case.

2. The defendant should immediately terminate the guaranteed amount by at least 75% upon the establishment of the first-class mortgage above the loan amount for the factory building as soon as the construction of the ground factory building of this case is completed.

3. The above right to collateral security stipulated in the special agreement that "it shall be used as security for only a loan under the loan contract of this case, which is guaranteed by the written guarantee of this case."

On January 5, 2012, the Defendant entered into a credit transaction agreement between the Defendant and the Sluri Pluplus with the content that the Defendant would make a loan to the Sluri Pluplus by setting the credit limit of KRW 1.4 billion.

C. In order to secure a loan under the loan contract of this case, Suwon District Court, Port Office, and Port Office, received on January 5, 2012, 2012, Suwon District Court, No. 2302, regarding the land of this case, "the right arising from the registration of creation of a mortgage (hereinafter referred to as the "mortgage") with regard to the land of this case, "the second priority mortgage right on the land of this case was terminated by the debtor, the debtor, and the second priority mortgage (hereinafter referred to as the "mortgage")," which was the defendant.

As to the land of this case, the name of the defendant 1.

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