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1. The distribution schedule prepared on August 23, 2012 by the above court with respect to the case of a voluntary auction of real estate B by the Seoul Central District Court.
Reasons
1. Basic facts
A. On October 8, 2001, the Plaintiff was awarded a successful bid of 413/727 square meters among 727 square meters in Jung-gu Seoul, Jung-gu, Seoul (hereinafter “instant land”) and completed the registration of ownership transfer on October 12, 2001.
B. On August 6, 2008, D established G Co., Ltd. (hereinafter “G”) with E as its representative director and with F as its principal office in Suwon-gu, Suwon-gu, Suwon-si, Seoul-si, and five branches including the I stations located in Y in Y in Y in Y in Y, Nam-gu, Chungcheongnam-gu. The branch offices, etc. were closed on September 1, 2008.
C. On August 6, 2008, G entered into an oil supply contract with the Defendant (hereinafter “instant oil supply contract”). The term of the contract stipulated in the said oil supply contract is from April 14, 2008 to April 13, 2009, and D jointly and severally guaranteed the Defendant’s obligation to pay fuel to G.
On August 7, 2008, the Plaintiff offered the instant land from D as collateral and proposed that G distribute profits generated from selling oil supplied by the Defendant and use 2 billion won as interest free of charge for two years. On August 7, 2008, the Plaintiff entered into a mortgage agreement with the Defendant to establish a collateral security right to secure G’s fuel payment obligation against G with respect to the instant land. On August 8, 2008, the Plaintiff established a collateral security right of KRW 4 billion with the maximum debt amount (hereinafter “instant collateral security right”). On August 8, 2008, Article 1(1) of the written contract to establish a collateral security right of KRW 4 billion with respect to the said land. The obligation arising from money lending, purchase and sale of petroleum products and other transactions, surety obligation, bill liability, debtor or founder’s interest and default on obligation to the creditor, damages incurred by the obligor or the establisher, and all other related causes are to be borne by the obligor or the lender in the past or in the future or in the future, set up order of collateral.