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1. The Defendant: (a) KRW 55,411,728 to the Plaintiff and the Plaintiff’s 5% per annum from January 28, 2017 to March 2, 2017.
Reasons
1. Facts of recognition;
A. On September 16, 2015, the Plaintiff agreed on the instant agreement (i) KRW 310,886,300 of the amount of claims against B on September 16, 2015, as the claimed amount, and KRW 10,886,300 of the C Apartment No. 107, Dong 804 (hereinafter “instant real estate”).
(B) A provisional attachment was made on February 5, 2016 between the Plaintiff and B. In the Seoul Central District Court Decision 2015SY594096, “B et al. shall jointly and severally impose on the Plaintiff KRW 300,000,000 and KRW 50,000,000 from April 10, 2015; the remainder of KRW 250,000,000 from April 17, 2015 to January 4, 2016; and the amount calculated at the rate of KRW 15% per annum from the following day to the date of full payment.” 2) The Defendant provisionally seized the instant real estate as the claim amount.
Afterward, the payment order was finalized on February 13, 2016 between the defendant and the defendant in Gwangju District Court Decision 2016Ra34, "B, etc. shall pay jointly and severally to the defendant 450,000,000 won and the amount calculated by the ratio of 5% per annum from December 1, 2015 to the delivery date of the payment order, 15% per annum from the next day to the delivery date of the payment order, and 15% per annum from the next day to the full payment date."
3) On April 26, 2016, upon the Plaintiff’s application, the procedure for compulsory auction of the instant real estate to Gwangju District Court D with respect to the pertinent real estate on April 26, 2016 (hereinafter “instant auction procedure”).
(4) The Seoul Guarantee Insurance Co., Ltd. provisionally attached the instant real estate to the claim amounting to KRW 470,960,000 of the claim amount as of November 1, 2016, on July 19, 2016, on the grounds that the final period for demand for distribution was determined and announced as of July 19, 2016.
The Plaintiff’s claim amount of KRW 482,732,876, Nov. 4, 2016, which was after the completion period for demand for distribution, is the instant real estate.