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(영문) 수원지방법원성남지원 2015.06.09 2014가단18697
배당이의
Text

1. On June 5, 2014, the distribution schedule prepared by the said court concerning the case of the voluntary auction of real estate B in Sung-nam District Court, Sung-nam District Court.

Reasons

1. Basic facts

A. On June 19, 2008, the instant loan No. 1 and the instant mortgage creation, etc. (1) C entered into a loan transaction agreement with the new bank on June 19, 2008, between the new bank, on which the loan subject is “long-term mortgage loan loan loan theory”, “long-term loan loan loan loan loan loan loan loan loan loan loan amounting to 363 million won, and on June 19, 2038, 363 million won was loaned from the new bank on the same day (hereinafter “the instant loan No. 1”).

(2) On June 19, 2008, C acquired ownership as to D Apartment 205 Dong 403 (hereinafter “instant real estate”) with the new bank, and at the same time, C entered into a mortgage agreement with the new bank, setting up a mortgage with the maximum debt amount of 435 million won in the future. On December 19, 2008, C completed the registration of ownership transfer with respect to the instant real estate, and completed the registration of ownership transfer with respect to the instant real estate on December 19, 2008, following the completion of the registration of ownership transfer (hereinafter “instant mortgage”).

B. (1) On June 23, 201, C entered into a credit transaction agreement with the new bank on the instant loan No. 2 and the Defendant’s subrogation, with the “general fund loan” of the credit subject, “70 million won limit,” and “credit transaction agreement with the six-month period,” and obtained a loan of KRW 70 million from the new bank on June 30, 201 (hereinafter “instant second loan”).

(2) On June 30, 2011, the Defendant entered into a credit guarantee agreement with a new bank under which C receives a loan of KRW 70 million from a new bank, and issued a credit guarantee agreement with a new bank with the aforementioned content on the same day.

(3) After that, C was unable to repay the debt of the instant second loan, the Defendant subrogated for KRW 57,325,589 of the principal and interest of the instant second loan to the new bank on October 17, 2013.

C. The Plaintiff’s right to lease on a deposit basis (1) regarding the instant real estate, June 25, 2010.

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