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(영문) 수원지방법원 2018.09.19 2018가단501002
배당이의
Text

1. It shall be drawn up by the original district court E and F (Dual) on January 8, 2018 with respect to the auction of real estate.

Reasons

1. Facts of recognition;

A. On December 12, 2014, G, etc. acquired the ownership of each of the instant real estate by G, etc., H, and I completed the registration of ownership transfer for reasons of sale due to voluntary auction with respect to the land and its ground buildings (hereinafter collectively referred to as the “each of the instant real estate”) located in Suwon-gu, Suwon-si, Suwon-si, Suwon-si (hereinafter referred to as “the instant land and buildings”), and each ownership share was equal to 1/3 shares.

B. 1) G is a corporation with K (hereinafter “K”) around that time.

) A loan equivalent to KRW 1.5 billion has been granted from the said loan, and on December 12, 2014, the registration of creation of a mortgage on the entire real estate of this case was completed on the basis of the maximum debt amount of KRW 1.955 billion, G with the debtor, and K-W Co., Ltd. (hereinafter “the first collateral mortgage”).

(2) On October 28, 2015, the maximum debt amount of the first collateral mortgage was changed to KRW 1.566 billion. 2) L Co., Ltd. (hereinafter “L”) on April 21, 2016, subrogated for KRW 1,199,919,962 on the remainder of the loan to K in G, and completed the registration of transfer on the first collateral mortgage on the same day on the ground of the repayment by subrogation of the confirmed claim.

3) As to the first collateral mortgage, on April 21, 2016, the registration for the establishment of the right to collateral security, which is the debtor, L, creditor M, was completed. On July 17, 2017, L filed an application for voluntary auction of each of the instant real estate with the Suwon District Court E on April 11, 2016 (hereinafter “instant auction procedure”), and on August 28, 2017, L transferred KRW 150 million out of the right to claim dividends received from the instant auction procedure, to Defendant B on August 28, 2017.

C. On December 12, 2015, with respect to the instant real estate, the establishment registration of the mortgage-based P, a debtor corporation, the maximum debt amount of KRW 184 million, and a neighboring mortgage-based P, is registered.

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