우선변제약정금
1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are dismissed, respectively.
2. The costs of lawsuit shall be.
1. Basic facts
A. On January 2, 2008, New L&C Co., Ltd. (hereinafter “New L&C”) purchased the land and the building on the land (hereinafter “instant real estate”) outside C and nine parcels during the public auction process as indicated below (hereinafter “instant real estate”).
In the process, New L&C borrowed KRW 2 billion from the Defendant, KRW 60 million from the Defendant, KRW 300 million from D, and KRW 100 million from E, respectively. On January 2, 2008, ScarC completed the registration of ownership transfer with respect to the instant real estate, KRW 2.8 billion from the maximum debt amount (a superficies was also created) in the name of the Defendant and D, KRW 450 million from each maximum debt amount, KRW 150 million from the Defendant and D, and KRW 150 million from the E’s maximum debt amount. On May 30, 2008, New L&C additionally created the right to collateral in the name of the Defendant and D, KRW 450 million from the maximum debt amount.
The public housing area of 1,521 square meters in G school site of 1,529 square meters in the city of public housing of 6,595 square meters in the city of public housing in the city of public housing of 1,521 square meters in the city of public housing of 2,529 square meters in the city of public housing of 1,316 square meters in the city of public housing of 1,316 square meters in the city of public housing of 2,618 square meters in the city of public housing of 2,618 square meters in the city of public housing of 2,721 square meters in the city of public housing of 2,70 square meters in the city of public housing of 2,618
B. On November 24, 2008, the auction procedure commenced on the instant real estate on November 24, 2008 at the request of Skyna Mutual Savings Bank, in order that Skynac did not pay interest on the loan.
(O) of the Daejeon District Court's official branch court (O).
On September 23, 2009, the Plaintiff remitted KRW 300 million to the Defendant. On December 14, 2009, the Defendant paid KRW 325,331,960 to the Plaintiff’s KRW 325,331,960 in the said voluntary auction procedure with the money created by the Plaintiff around December 14, 2009. On January 25, 2010, the instant real estate was awarded a bid of KRW 325,500,000 in its own name.
On the other hand, on the same day, the right to collateral security (right to collateral security) was established in the name of Scar Mutual Savings Bank, 2.184 million won, and on April 13, 2010.