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1. It was prepared on July 13, 2015 with respect to the case of the voluntary auction of the real estate B located in the Chuncheon District Court.
Reasons
1. Facts of recognition;
A. On August 18, 2006, the Plaintiff received a loan (hereinafter “loan 1”) with a maturity of KRW 75,000,000 from the Defendant as interest rate of KRW 1.5%, interest rate of KRW 19% per annum, interest for delay, and maturity of August 18, 2009.
B. On August 18, 2006, the Plaintiff entered into a contract with the Defendant to set up a maximum debt amount of 105,000,000 won with respect to the two-story neighborhood living facilities (hereinafter “instant real property”) of the ground reinforced concrete structure on the land, non-city C and two parcels owned by the Plaintiff, in order to secure the present and future debts owed by the Plaintiff against the Defendant, and to secure all future debts, and completed the registration of establishment of the first class neighborhood living facilities on the same day.
C. On October 28, 2009, the Plaintiff received a loan of KRW 10,000,000 from the Defendant with the interest rate of KRW 0.75%, the maximum interest rate of KRW 19% per annum, and the due date of October 28, 2012 (hereinafter “second loan”).
On October 28, 2009, in order to secure the present and future debts owed by the Plaintiff to the Defendant, the Plaintiff and D entered into a contract with the Defendant to set up a maximum debt amount of KRW 14,00,000,00 with respect to the land E and its ground-based F and its ground-based land owned by the Plaintiff, and the land-based F and its ground-based building, which are owned by the Plaintiff, and the debtor, the Plaintiff and the mortgagee were the Defendant of the right to collateral security (hereinafter referred to as the “second collateral security”) and completed the establishment registration of the second collateral security on the same day.
E. After that, the voluntary auction was commenced to B with respect to the instant real estate in the Chuncheon District Court’s territorial branch (hereinafter “Sacheon District Court’s territorial branch”). In the voluntary auction procedure, the court of execution prepared a distribution schedule as shown in the attached Form on July 13, 2015, which is the date of the distribution of dividends (hereinafter “instant dividends”).
F. The Plaintiff appears on the date of distribution of the instant case, and raised an objection to the whole amount of the Defendant’s dividends, and on July 20, 2015, filed the instant lawsuit.