beta
Text
1. The Defendant’s payment order against the Plaintiff was based on the Suwon District Court, Suwon-si Court, 2013, May 10, 2013, 2013.
Reasons
1. Facts of recognition;
A. In order to secure the Plaintiff’s obligation to the Plaintiff, each of the real estate listed in the separate sheet (hereinafter “instant real estate”) on the Plaintiff’s attached list (hereinafter “instant real estate”) was completed on December 16, 1992 due to the Cheongju District Court Decision No. 22987, which was received on December 17, 1992, the establishment registration of mortgage was completed on the ground of the obligor D, the maximum debt amount of KRW 120,000,000, and the mortgagee C. Since then, the Defendant was completed on November 17, 1994 on the ground of the assignment of claim as of December 22, 1994.
B. On January 1, 1995, the Defendant (spouse E) sent to the Plaintiff a content-certified mail stating that he would compensate the Plaintiff for KRW 120,000,000 equivalent to the maximum debt amount of the said right to collateral security as a penalty, and that he would proceed with the auction on the instant real estate, and on which February 22, 1995, the Plaintiff sent a content-certified mail against the Defendant’s assertion.
C. The defendant applied for a voluntary auction of real estate as to each real estate listed in the separate sheet Nos. 1, 2, and 3, and on May 31, 1995, the Cheongju District Court rendered a decision on commencing auction (Cheongju District Court SupportF) and on June 1, 1995, the entry of the decision on commencing auction was completed on each of the above real estate.
In the above auction procedure, each of the above immovables was sold to G on March 18, 1996, and the defendant received dividends of KRW 23,590,851.
(hereinafter “First Auction”) D.
In addition, on January 27, 2003, the defendant applied for an auction of real estate for each real estate listed in the separate sheet Nos. 4 through 7, and on January 27, 2003, the Cheongju District Court rendered the decision on commencing auction (Cheongju District Court No. H) on January 27, 2003, and on January 28, 2003, the registration of entering the decision on commencing auction was completed.
In the above auction procedure, each real estate listed in the attached list Nos. 4, 5, and 6 shall be from August 19, 2003 to I, and the real estate listed in the attached list No. 7 shall be the real estate.