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(영문) 춘천지방법원강릉지원 2020.08.26 2019가단4591
배당이의
Text

1. The document prepared by the said court on December 19, 2019 with respect to the case of the voluntary auction of real estate E in the Gangnam branch court of the Chuncheon District Court.

Reasons

1. Facts of recognition;

A. On June 26, 2015, each real estate listed in paragraphs (1) and (2) of the attached Table No. 1 (hereinafter “each of the instant lands”) was combined with 540 square meters of H forest land, 935 square meters of I forest land, and 734 square meters of J forest, and the land category was changed to Gangwon-si 2209 square meters of land.

After that, on April 25, 2017, K large 274 square meters (the real estate indicated in paragraph (2) of the attached Table) is divided, and on November 1, 2017, L large 545 square meters is subdivided and now came to the present.

I owned by the Plaintiff and the real estate listed in paragraph 3 of the attached list (hereinafter “instant building”) was owned by Nonparty F.

B. As joint collateral for the F’s loan obligation to the G Cooperatives (hereinafter “G”), the first priority collateral was established for each of the instant lands and buildings with a maximum debt amount of KRW 636,00,000,000.

(B) On March 1, 2015, the lower court determined that the instant mortgage was KRW 72,00,000 prior to the merger with the maximum debt amount of KRW 72,000,00,000, which was set at KRW H, I (the forest of Gangseo-si was divided into Gangnam-si on June 23, 2015, which was re-divided from the said Man Forest on November 1, 2017), and the joint collateral was set at the J land. On July 1, 2015, the maximum debt amount was changed to KRW 300,000,000.

Next, on September 18, 2015, the registration of preservation of ownership of the instant building was completed, and the registration was made to change the maximum debt amount to KRW 636,00,000, and the instant building was added as joint collateral.

C. On March 10, 2017, the Defendant is the second-class mortgagee, who was created with the right to collateral security worth KRW 150 million with the debtor F and the maximum debt amount of KRW 150 million on the instant building.

(The secured claim seems to be the refund claim of the lease deposit).

On January 3, 2018, the Plaintiff subrogated to F for KRW 114,877,019 (interest of KRW 114,00,000 as principal, KRW 614,819 as interest of KRW 614,819), which is a part of the above loan obligations against G.

The first subrogation is called ‘the first subrogation'.

E. Meanwhile, the Chuncheon District Court on August 13, 2018 upon the application for voluntary auction of G based on the instant right to collateral security against each of the instant land and buildings.

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