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1.The judgment of the first instance shall be modified as follows:
In the case of the real estate auction at Changwon District Court Jinwon District Court C.
Reasons
1. Basic facts
A. The Plaintiff provided credit guarantee (the guaranteed amount of 50 million won as of May 4, 1990, the guaranteed amount of 1 billion won as of June 29, 1990, and the guaranteed amount of 400 million won as of September 15, 1990) three times for the credit guarantee obligations against D’s Korean technology financing (state). The Plaintiff subrogated the credit guarantee amount of 1,543,69,580 won as of May 9, 191 as the credit guarantee accident occurred with a natural body located in D(state).
B. After that, as an operator of D (State), the Plaintiff filed a lawsuit for indemnity amount claim under the Jinwon District Court 97da1002 against E and F (E) as a joint and several surety for the said loan debt, and was sentenced to a judgment in favor of the entire court. The Plaintiff was sentenced to the same judgment as the same court 2007Gada8804 for the interruption of extinctive prescription.
C. On March 5, 2012, the Korea Credit Guarantee Fund filed a lawsuit for indemnity claim against E/F with the same court order 2003da12102, and received a favorable judgment, and filed an application for a compulsory auction on the real estate listed in the separate sheet (hereinafter “instant real estate”) as an executive title, and received a decision to commence auction with the same court order C on March 5, 2012.
(hereinafter “instant auction procedure”). D.
On the other hand, with respect to the instant real estate owned by E, on July 28, 1990, E completed the registration of creation of a mortgage (hereinafter “the instant mortgage”) with the debtor E, the maximum debt amount of KRW 70 million in the Defendant, and on August 13, 1990, the registration of creation of a mortgage with the maximum debt amount of KRW 100 million in the debtor F, and the maximum debt amount of KRW 100 million in the G, and thereafter, B was transferred from G on January 18, 2002.
E. The Plaintiff reported the claim amount of KRW 153,769,572 in the instant auction procedure. On November 5, 2012, the executing court determined the actual dividend amount of KRW 108,841,538 on the date of distribution as of November 5, 2012, and subsequently, the Defendant, a mortgagee, who is the right to collateral security, distributed each of KRW 70 million to B, and did not distribute dividends to the Plaintiff (hereinafter “instant dividend table”).