beta
Text
1. The Defendant’s KRW 58,462,062 as well as the Plaintiff’s annual rate from January 4, 2014 to May 13, 2014.
Reasons
1. Facts of recognition;
A. The Defendant is a person who received dividends as a mortgagee for D shares among the real estate listed in the separate sheet (hereinafter “instant real estate”) in the Ku Government District Court C’s case of voluntary auction of real estate (hereinafter “instant real estate”), and E is a joint mortgagee for the entire shares of the instant real estate (100 million won for the maximum amount of claims), and the Plaintiff is a transferee of the bonds from the above E.
B. D and F owned 1/2 shares of the instant real estate in attached Forms 1 and 2, and the remaining real estate among the instant real estate is owned by D.
C. As to the instant real estate, G Union, the mortgagee of the right to collateral security, filed an application for the auction of real estate rent with the District Court C, and in the above auction procedure, the instant real estate was sold in KRW 791,160,000, and the total amount of the deposit and the proceeds from the sale was KRW 856,128,071.
However, since enforcement cost is KRW 8,453,380, the actual amount to be distributed is KRW 847,674,691 (the above 856,128,071 - enforcement cost of KRW 8,453,380).
Of the actual dividends, D's share sales price is KRW 688,576,324, and F's share sales price is KRW 159,098,367.
E. On the other hand, the pertinent taxes, resident tax, automobile tax, and G Union’s collateral security on each of the instant real estate was set up at two weeks, as set forth in No. 8 of the table of the following g. paragraph.
In addition, the creditor H made a provisional attachment of KRW 205,895,890 as to the portion of the instant real property, which was owned by the creditor, of KRW 9,245,00,00,00 as to the portion of the instant real property, which was owned by the creditor IA, as to the portion of the instant real property among the attached Forms 1, 2, 3, and 4. The creditor J attached the provisional attachment of KRW 10,00,00 as to the portion of the instant real property among the attached Forms 1, 2, 3, and 4, which was the claim amount of KRW 85,00,00 as to the portion of the instant real property, which was owned by the defendant.
After that, E shall provide each of the instant real estate.