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1. A distribution schedule prepared on March 9, 2015 by the said court with respect to the auction case of real estate status E in the Suwon District Court Ansan Branch E.
Reasons
1. Basic facts
A. On June 20, 2012, G lent KRW 47 million to G with interest rate of KRW 2.5%, interest rate of KRW 3%, interest rate of KRW 40 million per month, and due date of repayment as of September 19, 2012. G made a registration of establishment of a right to lease on a deposit basis (hereinafter “registration of lease on a deposit basis”) with F on the same day as the said loan money as security, which was KRW 70,50 million with respect to the registration of establishment of a right to lease on a deposit basis (hereinafter “registration of lease on a deposit basis”).
B. On August 22, 2012, the Plaintiff completed the execution upon receipt of a provisional attachment order at KRW 99 million with respect to the instant real estate. On January 15, 2013, the Seoul Central District Court rendered a judgment that “G shall pay to the Plaintiff the amount of KRW 99 million and the amount of money calculated at the rate of KRW 20% per annum from December 1, 2012 to the date of full payment,” and the said judgment became final and conclusive as is.
C. On September 6, 2013, Defendant C and D completed the execution upon receipt of the provisional seizure order of KRW 230 million with respect to the instant real estate. On January 10, 2014, the Seoul Central District Court rendered a judgment that “G shall pay to Defendant C the amount of KRW 170,000,000 and damages for delay thereof,” and the said judgment became final and conclusive.
Defendant B acquired loan claims against G from F with the purchase price of KRW 57,100,000 on April 9, 2014, and received the instant registration of collateral security and right to lease on a deposit basis on April 14, 2014.
E. On December 19, 2013, the procedure for the auction of the real estate was commenced in this court E with respect to the instant real estate on December 19, 2013 (hereinafter “auction case”), and the Plaintiff filed an application for the demand for distribution with respect to KRW 131,493,698, the principal and interest of which were determined on July 22, 2014, after the completion period for the demand for distribution.