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(영문) 전주지방법원 2019.06.11 2018가단11192
배당이의
Text

1. As to the previous Jeju District Court’s O real estate auction, P and Q (merged), the said court prepared on May 2, 2018.

Reasons

1. Facts of recognition;

A. R Co., Ltd. (hereinafter “R”) entered into a collateral security contract with S Co., Ltd. (the trade name before the alteration: Te Co., Ltd.; hereinafter “Nonindicted Co., Ltd.”) on each real estate and article listed in the separate sheet, and granted a loan to the Nonparty Co., Ltd. after completing the establishment registration of a collateral security as follows.

Along with the maximum debt amount of KRW 65,00,000,000 on July 6, 2007, the establishment of a mortgage agreement between the original right holder and other matters related to the creation of a mortgage (limited collateral) including a f70,00,000 won, on October 8, 2010, the establishment of a mortgage agreement between the maximum debt amount of KRW 65,00,000,00 on July 6, 2007 (Comprehensive Security) including a f70,00,000,000 on October 8, 2010

B. On October 6, 2010, the Plaintiff concluded a guarantee agreement between the non-party company and the non-party company with the coverage amount of KRW 272 million and the warranty period of October 5, 201 (the period thereafter until September 29, 201).

C. On February 24, 2017, R loaned KRW 240 million to the non-party company to the non-party company, and agreed between the non-party company and the non-party company to exploit each right to collateral security as described in the above paragraph (a).

Since then, upon occurrence of a guarantee accident, R demanded the Plaintiff to discharge the guaranteed obligation, and on September 11, 2017, the Plaintiff subrogated for KRW 275,436,142 to R., and at the time of subrogation, R entered into a contract for partial transfer of the right to collateral security with the Plaintiff on October 8, 2010 and completed the registration of partial transfer of the right to collateral security on September 11, 2017, with the former District Court No. 91658, Sept. 12, 2017, which entered into a final claim partial subrogation as of September 11, 2017.

E. Since then, U filed an application for compulsory auction with the Jeonju District Court P on March 24, 2017 with respect to each of the real estate listed in the attached list, U filed an application for commencement of compulsory auction on March 24, 2017. On June 16, 2017, V Company filed an application for voluntary auction with the Jeonju District CourtO and rendered a decision of commencement on June 16, 2017, and R is a claim claim claim amounting to KRW 735 million out of loans, etc. to Q with Q with the Jeonju

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