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1. It was prepared on October 25, 2017 by the said court with respect to the case of the voluntary auction of real estate E in the Changwon District Court through the Changwon District Court.
Reasons
1. Facts of recognition;
A. On January 3, 2017, the Plaintiff’s employee was charged with criminal facts, such as violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) that the Plaintiff incurred property damage by receiving the price for the goods paid to the supplier using a false statement of transaction, etc. and was sentenced to imprisonment with labor for 15 years in Changwon District Court’s branch support.
B. On February 9, 2017, the Plaintiff received a provisional attachment order with the amount of claim KRW 5,000,000,000 as to each real estate listed in the separate sheet owned by F (hereinafter “instant land and building”) as KRW 5,00,000,000, as to each real estate listed in the separate sheet owned by Changwon District Court.
C. In the instant land and building, the provisional registration of the right to claim ownership transfer in the name G was completed as of August 29, 2016, the Changwon District Court: (a) received on August 29, 2016, and the provisional registration of the right to claim ownership transfer was transferred to Defendant D Co., Ltd. (hereinafter “Defendant Company”).
On March 9, 2017, upon the application of the H Cooperatives, which is a mortgagee, the instant land and building, the first instance court rendered a decision to commence an auction of real estate appointment, with the Changwon District Court Tong branch of the Changwon District Court. In the said auction procedure, on October 25, 2017, the said court prepared a distribution schedule that distributes KRW 227,628,860 to the amount actually to be distributed on the date of distribution as follows (hereinafter “instant distribution schedule”).
Distribution Order Creditors (the corresponding tax) 347,480, 347,480, 347,480, 55,436, 523-433 I 5,146,165, B50, B50,000 fixed-end lessee C 35,000,000 fixed-end lessee C 35,000,000 fixed-end lessee (the third lessee) 35,00,000,000 fixed-end lessee (the third lessee) 13,730,410,410, 310,692, 692, for Defendant Company 113,730,410, 410, 510
E. The plaintiff was unable to receive at all the above auction procedure.