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(영문) 대전지방법원공주지원 2020.11.05 2020가단20530
배당이의
Text

1. On February 18, 2020, the Daejeon District Court rendered official order E (F) for the compulsory auction of real estate set forth in the Daejeon District Court E (F) for the compulsory auction of real estate set forth above.

Reasons

1. Facts of recognition;

A. 1) A Incorporated Company A (hereinafter “debtor”) (hereinafter “debtor”) between the debtor and the defendant

A) On July 4, 2018, each of the real estate listed in the separate sheet (hereinafter referred to as “instant real estate”) between the Defendant and the Defendant as indicated in the separate sheet.

A) As to the maximum debt amount, the lower court concluded a contract to establish a mortgage with the mortgagee as the Defendant. On July 6, 2018, Daejeon District Court’s official branch office, etc., on July 6, 2018, the lower court completed the registration of the establishment of a mortgage (hereinafter “instant collateral security”) with No. 15433, Jul. 6, 2018.

(2) The obligor was in excess of the obligation at the time of entering into the instant mortgage contract, and did not possess any other active property than the instant real estate.

B. 1) On October 29, 2018, the auction procedure for the instant real estate was commenced on October 29, 2018 by the Defendant’s application for a compulsory auction (hereinafter “instant auction procedure”) (hereinafter “instant auction procedure”).

(2) On February 18, 2020, the auction court prepared a distribution schedule that distributes KRW 195,551,864 to the Defendant, the mortgagee of the instant case, and KRW 0 to the Plaintiff (hereinafter “instant distribution schedule”).

On February 21, 2020, the Plaintiff appeared on the date of the above distribution, and stated an objection to the whole dividend against the Defendant, and filed the instant lawsuit against the Defendant.

C. On April 12, 2018, the Credit Guarantee Fund (1) entered into a credit guarantee agreement with the debtor on April 12, 2018, and the debtor obtained a loan from G as collateral on April 13, 2018, and the debtor delayed the payment of interest on the loan. As a credit guarantee accident occurred, the Credit Guarantee Fund subrogated to the debtor and the defendant, etc. on December 24, 2018, the Credit Guarantee Fund paid a total of KRW 302,214,348 on December 18, 2018.

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