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(영문) 대구지방법원 포항지원 2021.03.30 2020가단106716
배당이의
Text

1. The Daegu District Court prepared on October 8, 2020 with respect to voluntary auction cases involving B real estate at will.

Reasons

1. Basic facts

A. As to E apartment F units in the north-gu, Northern Port, C (hereinafter “instant housing”), a lease agreement was concluded by the Defendant under the terms that “the lease deposit amount is KRW 20 million, monthly rent is KRW 50,000,000, and the lease period is from November 19, 2018 to November 18, 2020” (hereinafter “instant lease agreement”).

On November 19, 2018, the Defendant completed a move-in report to the instant house and received the fixed date of the said lease contract.

B. B. Prior to the instant lease agreement, ① the debtor C, the maximum amount of the bonds, KRW 33.6 million registered as the debtor on February 7, 2018, the right to collateral security established as the debtor G bank with neighboring mortgagee G bank, ② the debtor-debtor L Co., Ltd. registered as the debtor on May 24, 2018 (the representative is C).

hereinafter referred to as the “instant company”), the maximum amount of bonds KRW 72,00,000, and the right to collateral security (right to collateral security) was set up by the International Bank for the Settlement of Mortgage-Backed Co., Ltd.

(c)

In November 2015 and 2016, the Plaintiff entered into a guarantee agreement with the instant company for the total amount of KRW 270 million among the obligations to return the loan principal of the instant company, and C jointly and severally guaranteed the contractual obligations under the said agreement. On November 26, 2018, the instant company discontinued its business.

Accordingly, on December 10, 2018, the Plaintiff received a provisional attachment order with the claim amount of KRW 2.7 million as to the instant housing, and subrogated repayment of KRW 272,591,135 on January 30, 2019. The Plaintiff filed an application for a payment order with the instant company and C seeking payment of the indemnity based on the repayment of subrogation, and the payment order was issued and finalized on March 27, 2019.

(d)

On July 23, 2019, the Daegu District Court rendered a voluntary decision to commence an auction as to the instant housing, and the market price was appraised at KRW 57 million, but the decision to permit the sale of KRW 33 million was made and the sales price was fully paid.

E. The court of auction shall pay dividends on October 8, 2020, which is the date of the distribution date, 31.

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