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(영문) 광주지방법원 2019.05.09 2018가합57822
배당이의
Text

1. Defendant ., of the distribution schedule prepared by the said court on September 21, 2018 with respect to the real estate auction case E in the Gwangju District Court.

Reasons

1. Basic facts

A. The Plaintiff’s claim accrual 1) On July 31, 1996, the Plaintiff entered into a guarantee insurance contract with G on July 31, 1996 (hereinafter “the first guarantee insurance contract”).

The insured: H Co., Ltd., the insured amount: KRW 495 million, the insurance period: from July 31, 1996 to July 30, 1999. 2) On the same day, the Plaintiff concluded a guarantee insurance contract with I (hereinafter “the second guarantee insurance contract”); H Co., Ltd., the insured amount: KRW 495 million; the insurance period: from July 31, 1996 to July 30, 1999, G guaranteed the obligation of I for the Plaintiff under the second guarantee insurance contract.

3) The Plaintiff, upon occurrence of an insured incident regarding each of the first and second surety insurance contracts on August 13, 1998 and July 22, 1998, paid insurance proceeds under each of the first and second surety insurance contracts to H Co., Ltd., the insured, and accordingly, guaranteed the claim for reimbursement and reimbursement against G (hereinafter “the claim of this case”).

(4) G died on March 8, 2007, and on the other hand, the remaining successors, excluding F and D, who were acting successors, have renounced their inheritance, and F, J, and K (hereinafter collectively referred to as “Korean-style successors”) reported the limited acceptance of inheritance, respectively.

(The share ratio is 5/10, 3/10, 2/10 respectively. 5) As of September 21, 2018, the sum of the principal and interest of the instant claims as of September 21, 2018 is 2,834,646,130 won. (B) The establishment and transfer of each of the instant collective security rights is 1) The establishment and transfer of each of the instant collective security rights of this case is 195 square meters in Nam-gu, Nam-gu, Gwangju, 195 square meters in size, 374 square meters in size, 404 square meters in size, 1904 square meters in size, 000 square meters in size, 000,000 square meters in size, and 0

2) G with the instant real estate as joint collateral on July 11, 1998 (the maximum amount of claims: KRW 500 million), Q on August 4, 1998 (the maximum amount of claims: KRW 120 million); and R on the same day (the amount higher than Q), with the instant real estate as joint collateral;

The maximum amount of debt: 80 million won each completed the registration of creation of a new mortgage (hereinafter referred to as the “first priority mortgage”) and the “second priority mortgage” in order of each right to collateral of P, Q and R.

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