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1. The defendant shall receive on June 23, 2004 from the Daejeon District Court Branch of the Daejeon District Court with respect to the real estate stated in the attached list to B.
Reasons
1. Facts of recognition;
A. On April 28, 2016, the Plaintiff filed an application for compulsory auction for real estate auction against B (Seoul Central District Court Decision 2014DaDa5572946) with respect to a compulsory auction for real estate (hereinafter “instant real estate”) as stated in the separate sheet, which is owned B, pursuant to the Plaintiff’s judgment against B (Seoul Central District Court Decision 2014DaDa572946) and received a decision to commence compulsory auction for real estate auction (hereinafter “instant auction”).
B. On June 23, 2004, the Defendant issued a loan certificate with interest rate of KRW 30,000,000 from B on June 23, 2004 (hereinafter “the loan certificate of this case”) and on June 23, 2007 (hereinafter “the loan certificate of this case”). On the same day, on the same day, the Defendant completed the registration of the establishment of the mortgage of the Daejeon District Court Branch of Daejeon District Court (No. 65013, Jun. 23, 2004) with the maximum debt amount of KRW 35,00,000,000, the debtor B, and the creditor-appellant.
(hereinafter “instant collateral security”). C.
Defendant’s provisional attachment and payment order 1) On June 3, 2016, the Defendant filed an application for provisional attachment on the instant real estate with the total amount of KRW 81,06,557,00,000,000 based on the loan certificate of this case, and the provisional attachment registration was completed on June 10, 2016 (the Daejeon District Court’s 2016Kadan10440, hereinafter “instant provisional attachment”).
(2) The Defendant filed against B a claim against B for the payment order: “The rent of KRW 30,00,000 and the interest thereon from June 23, 2004 to June 3, 2016, KRW 86,006,557 and the total of KRW 116,006,557 and KRW 30,00,000 among them, shall be paid at 24% per annum from June 4, 2016 to the date of full payment.” The Defendant issued the above payment order on June 13, 2016 and became final and conclusive on June 30, 2016.
(The Daejeon District Court's 2016 tea2495, hereinafter referred to as "the instant payment order") D.
On June 17, 2016, the defendant, who has reported the right and the demand for distribution, is about the real estate of this case to the auction court of this case.