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(영문) 청주지방법원 2015.11.19 2015가단105537
배당이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. In fact, the instant real estate was the real estate B.

(A) On February 22, 2013, the Plaintiff provided a credit guarantee agreement with D Co., Ltd. (1.5 billion won of the guaranteed principal, and KRW 90 million of the guaranteed principal, February 11, 2015, and KRW 90 million of the guaranteed rate). D Co., Ltd., upon the credit guarantee agreement, borrowed KRW 1.65 billion from the Industrial Bank of Korea on February 22, 2013. Under the said credit guarantee agreement, the Plaintiff guaranteed the loans owed to D Co., Ltd. to the Industrial Bank of Korea within the scope of the said credit guarantee agreement, and B guaranteed the indemnity liability owed to D Co., Ltd. under the said credit guarantee agreement.

(Evidence A No. 1) On August 4, 2014, the Defendant completed the registration of creation of a mortgage over the maximum debt amount of KRW 200 million on the instant real estate.

On August 4, 2014, 2014, D Co., Ltd. caused a credit guarantee accident that, due to the suspension of current account transaction, lost the benefit of time for the above loans to the Bank.

(A) On August 12, 2014, the Plaintiff filed an application for provisional seizure of real estate with the Suwon District Court for the provisional seizure of real estate with the Suwon District Court, and completed the registration of provisional seizure of KRW 1.788,5 million (the provisional seizure order of KRW 2014Kadan1012) on the 14th of the same month of the same month.

On October 27, 2014, the Plaintiff subrogated for a loan obligation owed to the Bank by D in accordance with the aforementioned credit guarantee agreement.

(No. 5) On April 21, 2015, the Defendant purchased the instant real estate in the Cheongju District Court C Voluntary Auction of Real Estate.

(A) On May 20, 2015, Cheongju District Court C Voluntary Auction on the date of distribution of the real estate auction case, the Korea Housing Finance Corporation received KRW 505,707,660 in the first order from the proceeds of sale of the real estate of this case, excluding the execution expenses, from the principal and interest of the proceeds of sale of the real estate of this case. The Defendant received dividends of the amount claimed based on the said right of collateral security in the second order.

The plaintiff.

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