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(영문) 창원지방법원 통영지원 2018.09.11 2018가단21325
배당이의
Text

1. A distribution schedule prepared on March 7, 2018 by the said court with respect to the case of a voluntary auction of real estate B in the Changwon District Court through the Changwon District Court.

Reasons

1. Facts of recognition;

A. On July 8, 2015, the Plaintiff entered into a guarantee agreement with C to guarantee the obligation to repay the principal and interest of loans owed by C to the Industrial Bank of Korea. Upon occurrence of a guarantee accident involving delay in interest on the Industrial Bank of Korea, the Plaintiff subrogated the Industrial Bank of Korea amounting to KRW 91,460,773 on December 22, 2016 pursuant to the said guarantee agreement.

B. The Plaintiff filed an application with the Busan District Court for a payment order for the payment of the amount of subrogated payment with the Busan District Court Branch 2017Hu630, Jan. 12, 2017. The said court issued a payment order for the amount of KRW 91,402,390 and the amount calculated by the rate of 10% per annum from December 22, 2016 to February 3, 2017, and 15% per annum from the next day to the date of full payment. The said payment order was finalized on February 18, 2017.

C. Each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) was owned by C. On October 7, 2016, the Plaintiff was issued a provisional attachment order with the Changwon District Court Decision 2016Kadan10618 as to each of the instant real estate.

on January 15, 2015, the Changwon District Court received the Sungwon District Court’s 668 registration office regarding each of the instant real estate on January 15, 2015 (the maximum debt amount of KRW 39 million) and issued a decision to commence an auction of real estate rent B by Changwon District Court through the Changwon District Court, on March 9, 2017.

E. On April 24, 2017, the Defendant asserted that, among the houses listed in the [Attachment C] List 2 (hereinafter “instant house”), the said auction court leased 1 column, 1 column, and 1 column of the dwelling room as well as 15 million won for the lease deposit, and filed a report on the right and demand for distribution.

Distribution-oriented creditors 1, 15,00,000 small tenants 15,000,000,000 2 high-Gun 52,890,890 - 34,537,178 applicant creditors 33,025,349

F. Each of the instant cases in the auction procedure for the above real estate.

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