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(영문) 서울동부지방법원 2017.08.25 2017가단1562
배당이의 등
Text

1. The establishment of a collective security agreement concluded on March 16, 2015 between the Defendant and C regarding the real estate stated in the attached list.

Reasons

1. Basic facts

A. On September 25, 2014, E borrowed KRW 200 million from F as of January 31, 2015, and E’s father C guaranteed the debt.

on January 29, 2015, F transferred the above loan claims to the Plaintiff, and notified the transfer to E on March 11, 2015.

On April 23, 2015, the Plaintiff applied for a payment order against C with Seoul Northern District Court 2015 tea2078 to seek the payment of the above amount of payment order, and issued a payment order with the purport that “C shall pay to the Plaintiff 20 million won and the damages for delay at the rate of 20% per annum from the day after the payment order was served to the day of complete payment.” The payment order became final and conclusive later.

B. On March 30, 2015, the Defendant completed the registration of creation of a neighboring mortgage with the obligor E and the maximum debt amount of KRW 200 million on the ground of a contract establishing a contract on March 16, 2015 regarding the instant real estate (hereinafter “instant real estate”).

(B) At the time of the establishment of the instant right to collateral security, the registration of the establishment of a mortgage and the provisional attachment of KRW 54,200,000,000,000,000,000,000 to the creditor G was first completed in the name of the Gwangju Agricultural Cooperative (hereinafter “Seoul Agricultural Cooperative”) with respect to the instant real property at issue.

At the time of the establishment of the instant collateral security, C had no particular property other than the instant real property, but as a result, there were loans of KRW 487,160,402 to the Gwangju Agricultural Cooperative, obligation of KRW 200 million to the Plaintiff, obligation of KRW 54,200,000 to the said G.

C. Meanwhile, the Plaintiff filed an application for provisional seizure against the instant real estate with the Seoul East Eastern District Court 2015Kadan1240 as the preserved right against C, and the provisional seizure order was issued on April 17, 2015 and the entry registration was completed.

The Gwangju District Court D, Seoul East District Court D, applied for voluntary auction on the instant real estate on December 12, 2015.

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