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(영문) 의정부지방법원 2018.02.23 2017가단18682
배당이의
Text

1. Of the distribution schedule prepared on July 26, 2017 by the above court with respect to the case of voluntary auction of real estate B by the Jung Government District Court.

Reasons

1. Basic facts

A. C completed the registration of ownership transfer with respect to a building listed in the separate sheet on June 3, 2004. ② On March 6, 2008, C entered into a mortgage agreement with the Defendant on the scope of the secured obligation with the maximum debt amount of KRW 10,400,00,00 with respect to the building, and the scope of the secured obligation (the aforementioned mortgage agreement provides that the scope of the secured obligation can be entered by selecting one of three types: (a) the scope of the secured obligation; (b) the term “limited collateral security” means that the obligor may enter the scope of the secured obligation into one of the three types; and (c) the term “limited collateral security” means that the obligor printed the content of “all obligations/transactions, transactions, and transactions to be borne at present and in the future” with respect to the obligee (the main branch) by means of the following transactions. However, C entered “limited collateral security” in writing with respect to the scope of the secured obligation at the time, but did not enter the aforementioned column in the “limited collateral security”).

B. On March 13, 2008, C and the Defendant entered into a loan contract with the term “self-deposit loan” for the subject of loan, “credit limit transaction”, “8,00,000 won”, “8,000 won”, “the expiration date of the loan” and “the base rate of 10.3%” (hereinafter the “first loan contract”). ② On May 29, 2012, the term “general loan” for the subject of loan, “individual transaction”, “6,00,000 won” for the subject of loan, “the expiration date of the loan” for the term “8.94%” and “the second loan contract” for the loan contract with the term “8.94%”.

C. (1) The expiration date of the loan agreement as above was March 15, 2011; March 13, 2011; and March 14, 2013; and (1) March 14, 2013 (the amount of the loan limit as at time was reduced to 5,500,000 won).

As of March 13, 2014, March 13, 2015, as of March 13, 2015, as of March 13, 2016, and as of March 14, 2016, respectively, were postponed on March 13, 2018, and (2) the said loan agreement.

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