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The defendant's KRW 18,284,148 against the plaintiff and 5% per annum from September 25, 2014 to June 18, 2015.
Reasons
1. Facts of recognition;
A. The Plaintiff acquired the loan and the guarantee claim against A, which is the guarantor, of the FD Savings Bank (hereinafter referred to as the “FD Savings Bank”) as shown in the attached Form.
B. Meanwhile, on June 12, 2002 with respect to the building Nos. 105 and 1103 (hereinafter “the instant real property”), the above A completed the registration of creation of a mortgage on June 12, 2002 with respect to the real property owned by it, with the maximum debt amount of 168,000,000 won against the bank of Korea Co., Ltd., Ltd. (hereinafter “Promotion Savings Bank”), and on November 1, 2006, completed the registration of establishment of a mortgage on November 1, 2006 to the Promotion Savings Bank Co., Ltd. (hereinafter “Promotion Savings Bank”) with the maximum debt amount of 176,00,000,000 won. The provisional attachment registration was completed with respect to the instant real property as follows. On November 7, 2006, the Industrial Bank of Korea established the provisional attachment registration date as follows. The amount claimed by the person holding the provisional attachment on November 16, 2006, the Industrial Bank of Korea
C. On December 1, 2006, the Korean bank applied for a voluntary auction on the instant real estate as a first-class mortgagee of the instant real estate, and the auction procedure was commenced on December 1, 2006.
(U.C., hereinafter “instant auction procedure”). D.
On September 18, 2007, the auction court of this case prepared a distribution schedule stating that the amount of KRW 310,504,339 to be actually distributed on the date of distribution shall be KRW 168,000,000 and KRW 142,504,339 shall be distributed to the first mortgagee (limited company specializing in the second mortgagee-mortgage securitization). The defendant appeared on the date of distribution and raised an objection against KRW 50,000,00 out of the dividend amount to the promotion savings bank.
E. After doing so, the defendant filed a lawsuit of demurrer against distribution with the Suwon District Court on September 20, 2007 between the above A and the Promotion Savings Bank.