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1. As to real estate listed in the separate sheet:
A. On February 10, 2017, between the defendant and the natural company of the non-party corporation.
Reasons
1. Basic facts
A. On March 31, 2016, the Plaintiff entered into a credit guarantee agreement (amount of guarantee: 85,000,000 won for loans; general loans; and the term of guarantee: March 31, 2017) with a natural company (hereinafter “natural company”) (hereinafter “credit guarantee agreement”) (hereinafter “instant credit guarantee agreement”); and on April 4, 2016, a natural company was loaned a loan of KRW 100,000,000 from the Daegu Bank as collateral under the instant credit guarantee agreement (hereinafter “instant loan”).
B. Nonparty B received a payment order issued by Busan District Court 2016 tea12179 and confirmed January 12, 2017 with respect to the claim for the price of goods against a natural company as the cause of the claim. Nonparty B completed the registration of the entry on February 2, 2017 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”), which is a natural company’s ownership, with the amount claimed as “10,760,000 won and damages for delay” based on the above payment order as the claim amount.
C. On February 10, 2017, a natural company completed the registration of creation of a neighboring mortgage of KRW 32,500,000 with respect to the instant real estate (hereinafter “registration of creation of a neighboring mortgage of this case”). However, the grounds for registration are “the instant contract to establish a contract” between the natural company and the Defendant on April 12, 2016.
described as such. D.
On March 7, 2017, a natural company lost the benefit of time due to the failure to pay interest on the instant loan. Prior to this, pursuant to Article 5(1)2 of the Credit Guarantee Agreement, the Plaintiff: (a) deemed that the instant provisional attachment and application for auction as the ground for the right to demand a prior reimbursement pursuant to Article 5(1)2 of the said Agreement, and (b) concluded the provisional attachment registration on March 6, 2017 by Ulsan District Court 2017Kadan10388 with respect to the instant real estate as the claim claim amounting to KRW 85,00,000 as the claim amount.
E. On the other hand, the natural company around February 15, 2016.