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(영문) 광주지방법원 2019.02.12 2018가단519705
배당이의
Text

1. Of the distribution schedule prepared on June 14, 2018 by the above court with respect to the case of compulsory auction by Gwangju District Court C real estate.

Reasons

1. Basic facts

A. On March 5, 2010, the Plaintiff lent KRW 220,000,00 to Nonparty D, and on May 20, 2010, a notary public signed a notarial deed on a monetary loan agreement with the Plaintiff, the Defendant, and E, who is an agent of the Plaintiff, and D, as follows (hereinafter “instant notarial deed”).

Articles 1 and 2: D borrowed KRW 220,00,000 from the Plaintiff on March 5, 2010, and made a lump sum repayment by April 4, 2010.

Articles 3 and 5: Interest shall be paid monthly at the rate of 20% per annum, and when debtor D delays the repayment of principal, interest shall be paid to the plaintiff by adding 30% per annum to the delayed principal interest.

Article 8:The defendant shall stand a joint and several surety for the debt of D, the maximum amount of the guaranteed debt shall be KRW 330,000,000, and the period of the guaranteed debt shall be until April 3, 2020.

Article 9:In case the debtor D and the defendant who is joint and several sureties fail to perform the obligation under this contract, the defendant shall immediately recognize that there is no objection even if compulsory execution has been effected.

B. On December 4, 2013, the Plaintiff filed an application for compulsory auction with respect to the instant notarial deed with the title of execution: (a) the building owned by the Defendant for a compulsory auction on the Nam-gu Seoul Metropolitan City G large 236 square meters and ground buildings (hereinafter “real estate 1”); and (b) H site and the building on the same ground (hereinafter “second real estate”) at the Jeju city where the Defendant and D own each share of 1/2 shares; and (c) the decision to commence compulsory auction was issued with the Gwangju District Court C, and the compulsory auction procedure for each of the above real estate (hereinafter “instant auction”).

C. D and the Defendant filed a lawsuit of demurrer against the Plaintiff on the ground that the Plaintiff selected as the appointed party and the claims on the Notarial Deed were extinguished due to repayment, etc. by the Gwangju District Court 2015Gahap57692, and the Defendant filed a lawsuit of demurrer against the Plaintiff seeking the exclusion of executory power on the Notarial Deed. The auction of the instant case at the request of D and the Defendant for suspension of compulsory execution.

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