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(영문) 대구지방법원 2017.11.21 2017가단11169
배당이의
Text

1. With respect to A real estate auction case, the Daegu District Court prepared on April 27, 2017 and prepared by the said court.

Reasons

1. Basic facts

A. On December 21, 1994, Nonparty B created the right to collateral security (hereinafter “instant right to collateral security”) as the Defendant with respect to the value of the goods owed by Nonparty D, who operated C, on December 21, 1994, for the purpose of securing the Defendant’s obligation for the purchase of goods.

B. On August 12, 1997, the husband non-party F was the joint business owner of C around August 12, 1997, but the single business owner was the sole business owner on December 1, 1998 and continued the transaction to be supplied with the Defendant's goods.

C. On June 2, 1999, B and the Defendant completed the registration of change of the right to collateral security by changing the debtor of the instant right to collateral security from D to F.

On the same day, F’s Dong G set up a maximum debt amount of KRW 42,00,00 and a right to collateral security against a mortgagee as the defendant in order to secure the goods payment obligation owed by F with respect to H apartment 3, 202, Daegu-gu H apartment 3, 202.

F had been supplied with goods by the Defendant until June 1, 2000 and had suspended transactions with the Defendant under the condition that the obligation was 196,266,099.

E. On November 18, 1999, Nonparty Newcheon-dong Credit Union (Seoul East-dong Credit Union; hereinafter “the New Credit Union of this case”) executed a provisional attachment decision on the instant real estate (Tgu District Court 99Kadan48372) with a claim amounting to KRW 98,281,617.

F. The Korea Deposit Insurance Corporation (Seoul District Court 2003Gahap10036) filed a principal lawsuit against B, and sentenced that “B shall pay 58,00,000 won jointly and severally with G and interest rate of 20% per annum from November 8, 2003 to the date of full payment,” and the above judgment was finalized on January 1, 2008.

G. On June 29, 2009, the Korean Deposit Insurance Corporation transferred the above judgment amount claim to the Plaintiff, and notified the transfer of claim to B by content-certified mail.

H. On June 16, 2016, the procedure for compulsory auction (Tgu District Court A) for the instant real estate.

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