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(영문) 대구지방법원 2019.07.11 2018가단135437
배당이의
Text

1. As to the real estate stated in the attached list, a mortgage contract concluded between C and the Defendant on November 13, 2017 is concluded.

Reasons

1. Facts of recognition;

A. On June 3, 2016, the Plaintiff lent 300 million won interest to F Incorporated Company (hereinafter “F Incorporated Company”) at 24% per annum, and the due date for repayment was set on May 17, 2017, respectively. C and G jointly guaranteed the Plaintiff’s obligation to the Plaintiff.

On the same day, in relation to the above lending, the Plaintiff, C, and G have drawn up a notarial deed (No. 1, hereinafter referred to as the “notarial deed of this case”) under the Monetary Loan Agreement No. 210, 2016 by a notary public.

B. On November 13, 2017, C concluded a mortgage agreement with the Defendant as well as the maximum debt amount as KRW 100 million with respect to the real estate indicated in the separate list owned by C (hereinafter “instant real estate”). On the same day, C concluded a mortgage agreement with the obligor as C, and the mortgagee as the Defendant (hereinafter “instant mortgage agreement”) with respect to the instant real estate (hereinafter “instant real estate”). On the same day, C completed a mortgage establishment registration under the Defendant’s name pursuant to the instant mortgage agreement.

C. At the time of entering into the instant mortgage contract, C bears the obligation exceeding KRW 3.3 billion in total to the Credit Guarantee Fund, I Co., Ltd., I Co., Ltd., K agency, L Co., Ltd., L Co., Ltd., Small and Medium Business Corporation, M Co., Ltd., N Co., Ltd., N Co., Ltd., and P Co., Ltd., with the exception of KRW 3.3 billion in the debt amount under the instant notarial deed against the Plaintiff, and the negative property exceeded KRW 3.6 billion in total. On the other hand, P Co., Ltd. as active property was only owned only by Youngcheon-si Q, R, S, T, and U, the total amount of which is KRW 500 million in total when calculated as the real estate and the officially announced value of the instant real estate of KRW 32

With respect to the instant real estate, the Plaintiff applied for a compulsory auction on the basis of the instant notarial deed and filed on January 23, 2018.

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