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1. The Defendant’s KRW 153,326,645 as well as the Plaintiff’s KRW 17% per annum from August 16, 2014 to September 5, 2014.
Reasons
1. Facts of recognition;
A. On May 19, 2010, Nonparty A (1) on May 19, 2010, Nonparty A (hereinafter “instant real estate”) on the first floor No. 102, 102, Dong 102 (hereinafter “instant real estate”).
(C) The term of lease deposit is KRW 60,000,000, and the term of lease is from June 21, 2010 to June 21, 2012 (hereinafter “instant lease agreement”).
2) On June 21, 2010, B entered the instant real estate into and around June 21, 2010. On June 24, 2010, B entered the instant real estate and filed a move-in report to the Myeon Office with the wife population D Office with the intent to obtain a fixed date in the instant first lease agreement.
3) On June 21, 2010, the Defendant loaned KRW 138,00,000 to A. On June 25, 2010, the Defendant concluded a contract with the Suwon District Court (hereinafter “instant lease contract”) with the Suwon District Court’s 84740, Jun. 25, 2010, which was accepted on June 25, 2010, for the establishment registration of the first priority class (165,60,000), A and B on June 21, 2012, for the instant real estate, the lease deposit was KRW 70,000,000, and for the term of lease was from June 21, 2012 to June 21, 2014 (hereinafter “instant lease contract”).
B, around June 21, 2012, while continuing to reside in the instant real estate, paid KRW 10,000,000 to A for the increased amount of lease deposit, and obtained a fixed date in the second lease agreement on June 22, 2012.
5) On November 7, 2013, the Suwon District Court rendered a voluntary decision to commence the auction on the instant real estate (hereinafter the aforementioned voluntary decision to commence the auction procedure).
(B) On December 13, 2013, B submitted, respectively, a written application for a report on the right and a request for distribution, the instant lease agreement, and a certified copy of resident registration with the fixed date indicated in the instant auction procedure as of June 22, 2012. (B) On May 29, 2014, the Plaintiff submitted a certified copy of the instant lease agreement and resident registration. (i) On May 29, 2014, KRW 138,00,000 of the principal loaned from the Defendant to A, and KRW 2,78,030 of the provisional payment, interest KRW 12,273,097, total amount of KRW 153,061,127 of the general collateral claim (hereinafter “instant claim”).