beta
Text
1. The Defendant’s KRW 85,922,563 as well as the annual rate of KRW 5% from February 7, 2014 to April 10, 2015, and the following.
Reasons
1. Facts of recognition;
A. B’s provisional attachment and the right to collateral security (mortgage 1) B of Hyundai Swiss Mutual Savings Bank, Inc., Ltd., are Ebable (hereinafter “Eb”).
(2) On December 24, 2008, Hyundai Switzerland Mutual Savings Bank (hereinafter referred to as the “Nice Mutual Savings Bank”) made an application against B for provisional seizure of real estate with a claim amounting to KRW 1.5 billion against part of the Aable C apartment units in the door-to-si Gab owned by B, and completed the provisional seizure order on November 10, 2008. (2) On December 24, 2008, Hyundai Switzerland Mutual Savings Bank (hereinafter referred to as the “Nice Mutual Savings Bank”) granted a loan of KRW 7 billion in the Bable and issued a certified promissory note amounting to KRW 9.1 billion in face value to secure the above loan. On December 29, 2008, the registration of the establishment of a neighboring mortgage was completed with respect to the entire apartment.
B. On January 15, 2009, the deposit money for the release from the sea and the subsequent legal relationship 1) A B B B B B Bable deposited the amount of KRW 1.5 billion as the deposit money for the release from the provisional seizure (hereinafter “the deposit money for the release from the sea of this case”) as the deposit money for the release from the provisional seizure (hereinafter “the deposit money for the release from the sea of this case”), and received a decision to revoke the execution of the above provisional seizure on January 15, 2009.
2) Based on the notarial deed of January 20, 2009, Hyundai Switzerland received a seizure and collection order as to the claim for recovery against the instant amount of deposit under the Daejeon District Court’s 2009TTT No. 290 on the basis of the notarial deed of January 20, 2009.
3) On March 2, 2010, D rendered a decision on provisional seizure of claims against the claim amounting to KRW 400 million as of the amount claimed by the Suwon District Court Branch No. 2010Kadan10085 on March 2, 2010 (hereinafter “the provisional seizure of this case”).
(c) received the distribution procedure and the lawsuit of demurrer against distribution 1) The Daejeon District Court’s branch branch of the Daejeon District Court distribution procedure for the instant amount deposited in E, and distributed dividends of KRW 213,715,554 among the amount actually to be distributed on the date of distribution on June 18, 2009 to B out of KRW 1,510,270,713, and KRW 1,296,53,159, respectively.