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1. The above court was prepared on July 30, 2019 with respect to a compulsory auction case of Suwon District Court A, a real estate auction case.
Reasons
1. Basic facts
A. The Plaintiff entered into a credit guarantee agreement between B and B on November 26, 2009 and May 17, 2012, each of the credit guarantee agreements (hereinafter “credit guarantee agreement”) between B and B.
B. B, on November 27, 2009, extended a loan of KRW 100 million by the C Bank as collateral, and KRW 200 million in total, including KRW 100 million as collateral for credit guarantee on May 21, 2012 (hereinafter collectively referred to as “each of the instant loans”). However, the Plaintiff failed to pay each of the instant loans, and the credit guarantee accident occurred on March 31, 2014, the Plaintiff subrogated the C Bank to pay KRW 91,064,219 on June 20, 2014, including KRW 86,043,427, based on credit guarantee under the second credit guarantee, KRW 17,107,646,646, based on credit guarantee.
C. B entered into a donation contract (hereinafter “instant donation contract”) with D on September 5, 2013 with its own wife, and signed the ownership transfer registration (hereinafter “instant ownership transfer registration”) with D on October 18, 2013.
Accordingly, the Plaintiff filed a lawsuit against B and D for the revocation of fraudulent act, and the instant donation contract concluded between B and D was revoked, and each judgment was finalized to implement the procedure for the cancellation registration of ownership transfer registration of the instant real estate in the name D. Accordingly, the ownership of B was restored.
E. The Plaintiff filed an application for compulsory auction of real estate A with the Suwon District Court for the instant real estate.
The Defendant requested issuance of KRW 164,154,320,000, in the instant auction procedure.
F. On July 30, 2019, a date of distribution, a court of execution prepared a distribution schedule with the content of each distribution of KRW 13,060,650, and KRW 96,690,010, in the fourth order, the plaintiff who is the applicant creditor, who is the applicant creditor.
G. The Plaintiff is on the date of distribution of the instant auction procedure.