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1. It was prepared on March 3, 2015 by the above court with respect to voluntary auction cases of real estate B in Gyeyang-gu District Court Goyang-dong District Court.
Reasons
1. Facts of recognition;
A. From July 21, 2003 to March 8, 2007, Han Bank extended a total of KRW 1,383,000,000 to C, and set up a collateral security right of KRW 641,00,000,000, totaling the maximum debt amount with respect to D apartment Nos. 1901,503 (hereinafter “instant real estate”).
B. On May 22, 2014, the Plaintiff filed an application for the commencement of the auction of real estate with the claim amounting to 536,042,268 won with respect to the instant real estate as Jyyang Branch B with the Jyan District Court, and accordingly, the auction procedure was conducted. On June 2014, the Plaintiff acquired the right to collateral security against Kyan Bank’s C.
C. On February 24, 2015, the Plaintiff submitted a bond account statement stating the principal amount of the credit amount of KRW 665,347,268, and delay damages amount of KRW 118,57,595, whichever is 118,57,595. On March 3, 2015, the lower court paid KRW 552,957,347 in the order of second priority to the Plaintiff among the remainder other than the pertinent KRW 1,173,640, and KRW 250,000 in the order of third priority to the Defendant A who is a lessee with a fixed date, and KRW 2,136,580 in the Republic of Korea who is the delivery authority, KRW 29,760 in the order of fourth priority, KRW 29,765, KRW 765, KRW 15,497, KRW 157, and KRW 393,50 in the Defendant Han Card Co., Ltd.
Meanwhile, on December 1, 2014, the above defendant scam Card Co., Ltd. was dissolved after its merger with the foreign exchange card Co., Ltd., and the above foreign exchange card Co., Ltd. changed its trade name to one card Co., Ltd. on
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, purport of the whole pleadings
2. The Plaintiff asserted by the parties. The Plaintiff stated KRW 526,042,268 as the claim amount at the time of the application for auction at the time of the application for auction, and the details thereof are KRW 451,730,648 as the principal of the household ordinary loan and its delay damages, and KRW 65,00,000 as the maximum debt amount out of the enterprise driving loan, and thus, the amount of the Plaintiff’s dividend is ultimately the ordinary household operating loan.