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1. As to KRW 327,113,129, which was deposited by Suwon District Court No. 10431 on October 5, 2018 by Suwon District Court for 2018.
Reasons
1. Facts of recognition;
A. On August 22, 2016, the Defendant entered into a real estate security trust agreement (hereinafter “mortgage trust agreement of this case”) with the Plaintiff (hereinafter “instant beneficiary”) with respect to the eight household units of Gwangju-si Da, E, and F-based G lending (the combination of the foregoing households, Hho-ho, Jho-ho, K, L, L, M, N, N, andO), with the first beneficiary of this case as the Permissible branch of the Cooperative (the maximum amount of profit 1,742,00,000 won), and the second beneficiary of this case as the second beneficiary of this case as the Plaintiff (the maximum amount of profit 32,500,000 won).
B. C around September 2017, among the instant collateral trust agreement, revised the Plaintiff’s profit-limit amount to KRW 780,000,000, which is the first beneficiary of the instant collateral trust agreement.
Article 22 (Methods of Settlement of Proceeds from Disposal of Land) (1) A trustee shall keep the order of settlement according to procedures for realization from the proceeds from disposal as follows:
1. Expenses and remuneration related to the trust deed;
(a) Expenses: Electricity, water supply, management expenses, insurance premiums, newspaper announcement fees, etc.;
(b) Remuneration: Fees for disposal of property and unpaid property management fees to be paid to the trustee;
2. Small-sum lease deposit (Article 8 of the Housing Lease Protection Act and Article 14 of the Commercial Building Lease Protection Act) before the registration of trust;
3. Security deposit (Article 3-2 of the Housing Lease Protection Act, Article 5 of the Commercial Building Lease Protection Act), mortgage (within the maximum amount of claims), right to lease on a deposit basis, registered right to lease on a deposit basis, and secured claims such as registered right to lease prior to registration of a trust, the order
4. Cases not falling under subparagraphs 2 and 3, among the lease deposit that a trustee has obligation to return.
5. Claims of priority beneficiaries;
6. Where there exists any remainder after making a successive repayment, payment of the remainder to a beneficiary (a truster without a beneficiary).
C. Of the instant security trust agreement, the main contents pertaining to the settlement of the proceeds from the disposal of real estate held in trust are as follows.
After completion of the instant loan, etc., the Plaintiff issued 2016Gahap208286 against the Defendant.