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1. The defendant among the distribution schedule prepared by the above court on April 30, 2013 with respect to the distribution procedure case of Seoul Eastern District Court C.
Reasons
1. Basic facts
A. On May 4, 2011, D: (a) to E representing the Plaintiff, the face value is KRW 475 million; (b) the date of issuance is October 30, 2007; (c) the date of payment is August 30, 201; and (d) the addressee issued a promissory note as the Plaintiff; and (c) on the same day, a promissory note No. 382, as to the said promissory note as a joint office deed with a notary public (hereinafter “instant promissory note No. 382”).
B. On October 24, 2011, the Plaintiff filed an application for a compulsory auction of real estate related to Nos. 101, 101-1, 101-2, 101-3, and 101-4 (hereinafter “each real estate of this case”) of the first floor of the F apartment No. 1 Songpa-gu Seoul, Songpa-gu Seoul, Seoul. On October 25, 201, the Plaintiff rendered a decision to commence compulsory auction of each real estate of this case to G on October 25, 2011.
C. D) The instant promissory note No. 2011Gahap19551 filed a lawsuit of demurrer against the Plaintiff by asserting that compulsory execution based on the instant promissory note No. 201 should be denied on the ground that there exists no underlying claim, and that compulsory execution based thereon should be denied. On December 27, 2011, the instant court deposited KRW 200 million as KRW 5689,000,000,000, and the instant court rendered a decision to suspend compulsory execution as of December 29, 2011.
D) sought revocation of a compulsory execution disposition by this Court 2012Kag1769 and received a decision to revoke a compulsory execution disposition executed on each of the instant real property on September 20, 2012 on condition that deposit KRW 500 million from this Court was made, and on October 2, 2012, deposited a deposit amount of KRW 500 million at this Court No. 4128, Oct. 2, 2012, and this Court deposited the amount of KRW 500 million in the same month.
4. Na.
In the case of G Real Estate G compulsory auction, the decision to revoke the auction decision and dismiss the application for compulsory auction on each of the real estate in this case was made.
E. Meanwhile, after completing the registration of entire co-owners’ share transfer on June 17, 2003 with respect to each of the instant real estate, D has completed the registration of entire co-owners’ share transfer on September 27, 201.