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(영문) 대구지방법원 서부지원 2017.01.24 2016가단57240
배당이의
Text

1. The document prepared by the said court on July 20, 2016 with respect to A real estate auction case with the Seogu District Court Branch A.

Reasons

Based on the facts, the Plaintiff (the Korea Technology Finance Corporation changed its current name from September 30, 2016 to the current name) paid the Plaintiff’s debt to Daegu Bank by subrogation pursuant to the credit guarantee agreement concluded with C (hereinafter “C”) under the joint and several guarantee agreement concluded with C (hereinafter “C”). On April 7, 2015, the Daegu District Court issued an order to jointly and severally pay the Plaintiff KRW 815,357,259 to “C and B pay jointly and severally to the Plaintiff KRW 815,356,762, whichever became final and conclusive at that time.”

Meanwhile, as between the Plaintiff and the Defendant on March 12, 2012, the Plaintiff and the Defendant concluded a contract to set up a maximum debt amount of KRW 300 million, the debtor C, the mortgagee, and the Defendant’s right to collateral security (hereinafter “instant right to collateral security”) with respect to apartment units No. 4104, 1203, Daegu-gu, Daegu-gu, which are owned by B, and completed the registration of establishment of the instant apartment units on March 20, 2012.

On October 14, 2015, upon the Plaintiff’s application with the claim amounting to KRW 300 million according to the instant collective security right, the procedure for the auction of real estate was initiated by the Seo-gu District Court A with respect to the said apartment.

In the auction court, the plaintiff submitted the claim statement of the amount of claim 1,038,067,131, and the defendant submitted the claim statement of claim 69,202,099.

On July 20, 2016, the auction court distributed KRW 257,749,817 to Hana Bank Co., Ltd., a first-class mortgagee, which is the first-class mortgagee, out of KRW 518,57,176, and distributed KRW 260,827,359, which is the remaining amount, to the second-class mortgagee, in proportion to the ratio of the amount of the Plaintiff’s claim to the amount of the Defendant’s claim and the amount of the Defendant’s claim KRW 69,202,09, in proportion to the ratio of each of the claims amount to the sum of KRW 211,938,686, the Defendant’s dividends amount to KRW 48,88,673 (hereinafter “instant dividend table”).

On the date of distribution, the Plaintiff stated an objection against 33 million won out of the amount of dividends, and the instant lawsuit is filed within one week thereafter.

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