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(영문) 대구지방법원안동지원 2020.03.18 2019가단20092
배당이의
Text

1. The document prepared on January 9, 2019 by the said court with respect to the case of an application for a voluntary auction of real estate E in the Daegu District Court, Dong-gu.

Reasons

1. Basic facts

A. (1) On April 21, 2014, the Defendant provided F with a comprehensive passbook loan of KRW 10 million (hereinafter “the instant primary loan”); on April 25, 2014, the Defendant loaned KRW 60 million to F (hereinafter “the instant secondary loan”); and on June 22, 2015, a loan of KRW 10 million was granted.

(2) On May 27, 2015, the Defendant entered into a specific contract for the creation of a mortgage to secure the secondary loan with G and F, and on the same day, he/she completed the registration of the establishment of a mortgage with the obligor, the obligor, and the maximum debt amount of H field 2,742 square meters (102 square meters on June 1, 2015, which was combined with H field 102 square meters and was divided into H field 2,844 square meters on June 23, 2015, and H field 659 square meters and J field 2,185 square meters on June 23, 2015).

On June 19, 2015, the Defendant completed the registration of creation of a new mortgage over the second floor building on H land at Ansan-si, Seoul Special Metropolitan City, which was owned by G, with the maximum debt amount of KRW 78 million, in order to secure the secondary loan of this case.

(3) The Defendant entered into a special contract on June 19, 2015 with G and F to secure the third loan of this case, and completed the registration of the establishment of a neighboring mortgage of the debtor F and the maximum debt amount of KRW 130 million with respect to each of the instant real estate on the same day.

B. On July 22, 2016, the Plaintiff: (a) completed the registration of the establishment of a neighboring mortgage amount of KRW 375 million to the obligor and the maximum debt amount on the ground of a contract establishing a mortgage on July 21, 2016 with respect to H land and the second floor building, and K land among each of the instant real estate.

C. The defendant's application for auction and the preparation of a distribution schedule.

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