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1. The Seoul Eastern District Court C’s distribution schedule prepared on October 11, 2013 with respect to the case of the voluntary auction of real estate.
Reasons
1. Facts of recognition;
A. On June 2, 200, the Plaintiff completed the registration of the establishment of a neighboring mortgage with the maximum debt amount of KRW 7,000,000,000 with respect to the first floor of the second floor of the E-House No. 2, Songpa-gu, Seoul, and the second floor of the E-House No. 107 owned by the Plaintiff to the Defendant Songpa Agricultural Cooperative (hereinafter the Defendant Songpa Agricultural Cooperative).
B. On May 8, 2005, the Plaintiff borrowed 5 million won from the Defendant Songpa Agricultural Cooperative as the loans for self-reliance of the items of loans and the due date for payment on August 8, 2007.
C. On October 23, 2009, the Plaintiff prepared to Defendant B a certificate of loan that the Plaintiff borrowed KRW 20,000,000 from Defendant B until the due date on November 30, 2009 (No. 2 B, the Plaintiff denied the authenticity of the above loan certificate, but the Plaintiff did not dispute over the Plaintiff’s stamp image on the above loan certificate, and completed the registration of establishment of a neighboring mortgage with the maximum debt amount of KRW 20,000,000 with respect to the above real estate as of October 23, 2009.
On December 3, 2010, the Plaintiff filed a lawsuit against the Defendant B seeking the cancellation of the registration of the establishment of a neighboring mortgage in the name of the said Defendant. The said Defendant filed a counterclaim against the Plaintiff at the rate of 20 million won (20,000,000) and the amount equivalent to 20% per annum from December 24, 2009 to the same date. On October 27, 2011, the Plaintiff and the said Defendant paid KRW 5,00,000 to the said Defendant until January 31, 2012, the amount shall be paid to the said Defendant by adding an amount calculated by the rate of 20% per annum to the day of full payment, and the said Defendant received the said amount and at the same time the conciliation was established to cancel the said amount.
E. On February 14, 201, upon the application for a voluntary auction for the above real estate by Defendant Songpa Agricultural Co., Ltd., the registration of the decision on voluntary auction was completed on February 14, 201, and the Seoul Eastern District Court on October 11, 2013 in the above auction procedure shall be the Defendant.