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1. Suwon District Court B (the same court C (Dual) with respect to the auction of real estate).
Reasons
1. Basic facts
A. In order to secure the claim against K operating M, the Industrial Bank of Korea (hereinafter “Industrial Bank”) concluded each contract to establish a respective collateral security agreement with the maximum debt amount of 2.4 billion won on November 12, 2008 with respect to land and buildings (hereinafter “the instant real estate”) in eternally L, with respect to the land and buildings (hereinafter “the instant real estate”), and completed the registration thereof.
B. K did not repay the debt to a corporate bank. On September 20, 2012, the corporate bank applied for the auction of real estate in relation to the instant real estate to Suwon District Court B, based on each of the above collateral security rights, and the said court accepted the above application and rendered the decision to commence the auction on the following day.
After that, the decision to commence a voluntary auction of real estate was rendered in duplicate to Suwon District Court C with regard to the instant real estate. In the auction procedure, the instant real estate was sold, and the auction court distributed dividends of KRW 2,58,849,548, which was the actual amount to be distributed after deducting the execution cost.
C. After applying for a voluntary auction, a corporate bank concluded with the Plaintiff a “contract for the sale of a claim” and “contract for the transfer and takeover of a contract for the sale of a claim,” and transferred both claims and collateral security against K to the Plaintiff.
Accordingly, as a successor to the status of a corporate bank, the Plaintiff received dividends in the above auction procedure.
The Defendant (Appointed Party) and the appointed parties demanded a distribution of KRW 2,436,233 out of the amount of KRW 2,58,849,548 which is to be actually distributed to the Defendant (Appointed Party) and the court of auction shall pay KRW 2,436,233 out of the amount of KRW 2,548 which is to be actually distributed to the Defendant (Appointed Party) to E; KRW 8,000,000 to the Appointed; KRW 8,39,564 to the Appointed Party F; KRW 7,173,30,000 to the Appointed Party J; KRW 3,582,00,000 to the Appointed Party; KRW 3,582,00,000 to the Defendant (Appointed Party); and the court of auction shall distribute KRW 3,538,3639,18 to the Plaintiff.