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(영문) 광주고등법원 2015.09.18 2014나4575
청구이의
Text

1. All appeals filed by the plaintiffs are dismissed.

2. Cases in which this Court applies for the suspension of compulsory execution No. 2014Kagla4007.

Reasons

1. On April 3, 1996, the Defendant established a right to collateral security on the land, building, etc. (hereinafter “real estate owned by the Defendant”) located in the Hacheon City, which was owned by the Defendant for the above E on April 3, 1996 with respect to the lending of KRW 300 million from the Sungam Mutual Savings and Finance Company (hereinafter “E”), but on February 25, 1999, the procedure of voluntary auction on the real estate owned by the Defendant was initiated as the Gwangju District Court YI on February 25, 199 due to E’s failure to repay the loan.

(B) On April 27, 2016, the Defendant jointly and severally and severally guaranteed the obligation of KRW 760,000,000 as of June 27, 2014 (the same amount as the principal and interest of loan which was not repaid by E) with respect to the loan for consumption as the joint and several surety obligation of KRW 388,60,00 as of June 27, 2014. Accordingly, the Defendant applied for the provisional attachment against D, which was owned by D around April 1999 as of April 1, 199, under the same support 9Kahap281 as of the former, 316 square meters of land for factory in the Gu-nam-gun, Seoul Special Metropolitan City, where D had been the representative director of E and E (hereinafter “1 real estate of this case”), G 197 square meters (hereinafter “the real estate of this case”), and J 516 square meters (hereinafter “the real estate of this case”) and received the provisional attachment as of each real estate of this case 31 or 496.

(hereinafter “each of the instant provisional seizure”). On November 30, 1999, the Defendant’s wife purchased the real estate owned by the Defendant in KRW 135,790,000 during the above I’s auction procedure. On November 15, 1999, the Defendant continued to purchase the real estate owned by the Defendant in KRW 135,790,00,00. On November 15, 1999, the Defendant agreed to jointly and severally compensate for damages where the real estate owned by the Defendant and D was damaged to the Defendant as the real estate owned by the Defendant was sold by auction, etc.

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