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1. Of the distribution schedule prepared by the above court on February 11, 2014 in the case of a compulsory auction against the real estate B by the Incheon District Court.
Reasons
1. Basic facts
A. On May 10, 1993, the Defendant leased KRW 100 million to C, and received a delivery from C a promissory note with a face value of KRW 100 million in a blank column (hereinafter “instant promissory note”).
B. On December 10, 1995, the Defendant additionally lent KRW 40 million to C, and C, on the same day, agreed to provide the loan amounting to KRW 140,000,000 per annum for the total amount of loans as of May 10, 1993 and the total amount of loans as of December 10, 1995 (hereinafter “instant loan”), and agreed to provide the loan amounting to KRW 10,00,000 per annum.
C. On February 28, 1996, the Defendant completed the provisional registration of the right to claim ownership transfer (hereinafter “provisional registration of this case”) with respect to the instant loan as collateral obligation, against which the instant loan was made as collateral obligation.
The plaintiff filed a lawsuit against C in response to the claim for the purchase price of goods from the Incheon District Court 96Gahap1893, and received a favorable judgment from the above court that "C shall pay to the plaintiff 68,197,230 won and the amount calculated by the rate of 25% per annum from June 14, 1996 to the day of complete payment (hereinafter "the judgment of this case"), and the above judgment became final and conclusive around that time.
E. The Plaintiff filed an application for a compulsory auction on B real estate B with the Incheon District Court (hereinafter “instant auction”) with respect to the instant real estate with the title of execution, and received a ruling to commence the auction on April 8, 2013.
F. In the instant auction procedure, on June 17, 2013, which was before June 18, 2013, the completion period to demand a distribution, the Defendant submitted to the instant auction court a copy of the instant promissory note, stating that “the principal is KRW 100 million and the interest calculated at the rate of 10% per annum from December 11, 1995 to the day of full payment,” and attaching a copy of the instant promissory note.
(g)...