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1. The counterclaim of this case shall be dismissed.
2. As to the compulsory auction of real estate D in Youngju District Court Young-dong Branch D.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On October 17, 2013, the Cheongju District Court Decision 2013Da504 decided and its final decision 1), the Plaintiff filed a lawsuit against the Defendant and E for a loan claim under the Youngju District Court Young-dong Branch 2013Kahap504 decided Oct. 17, 2013. The content of the lawsuit is as follows: “Defendant and E shall jointly and severally pay to the Plaintiff 138,963,133 won, and 100,000 won with 38,963,133 won from November 1, 2009, 38,963,133 won from September 25, 2013 to the day of full payment; “The amount calculated at the rate of 1.2% from September 25, 2013 to the day of full payment; the court shall be jointly and severally paid to the Plaintiff 137,198,100 won to the Plaintiff; and the remaining amount of 30.10% from 20.10
3) Defendant and E appealed against the above judgment as Daejeon High Court (Cheongju) No. 2014Na1790, but the appeal was dismissed on June 2, 2015, and the judgment of the first instance became final and conclusive on June 23, 2015 (hereinafter “previous lawsuit”).
B. B. On December 2, 2014, the Plaintiff filed an application for a compulsory auction with respect to the instant real property owned by Nonparty E (hereinafter “instant real property”) and the auction procedure (hereinafter “instant auction procedure”) was conducted on December 2, 2014.
2) In the auction procedure of this case, the Plaintiff filed an application for dividend of KRW 238,406,373 (i.e., KRW 137,182,910 as the cited amount in the previous lawsuit) with the amount of credit, and the Defendant filed an application for dividend of KRW 800,000 as the amount of credit. iii) On January 5, 2016, the distribution court of KRW 39,310 as the amount to be actually distributed on the date of distribution, out of KRW 8,693,30 as the actual amount to be distributed on the date of distribution, 1,729,70, and KRW 1,589,739, and KRW 5,34,51 as the second priority in the second priority in the National Health Insurance Corporation.