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(영문) 대구지방법원상주지원 2017.08.09 2016가단3125
배당이의
Text

1. The document prepared on October 21, 2016 by the same court with respect to the case of a voluntary auction of real estate C with the stay of the Daegu District Court.

Reasons

1. Basic facts

A. On April 3, 2014, written between the Defendant and D, the loan certificate contains the content that the Defendant loaned KRW 60 million to D with interest rate of KRW 13.5% per annum and due date for payment until April 3, 2017, and as a security, the Defendant set the first priority collective security right for the land and its ground buildings owned by D (hereinafter “instant real estate”).

B. On April 8, 2014, the Defendant completed the registration of the establishment of a mortgage over the first priority priority of the instant real estate amounting to KRW 78 million with respect to the instant real estate.

C. On April 4, 2014, the Plaintiff lent KRW 30 million to D, and the same month.

8. As to the instant real estate, the registration of creation of a mortgage in the second-class neighborhood with the maximum debt amount of KRW 50 million was completed.

On the other hand, the loan certificate drawn up between the defendant and D on May 15, 2015 includes that the defendant set the amount of KRW 1.1 million to D as of May 18, 2015 and lent it to D.

E. On June 12, 2015, the Defendant filed an application for voluntary auction of the instant real estate with the Daegu District Court resident supportF, on the ground that the Defendant was not repaid the principal and interest of KRW 60 million, and the decision to commence auction was rendered around that time.

F. On October 6, 2015, the Defendant agreed to withdraw the above application for auction on the condition that the said application for auction was filed with interest to KRW 800,000,000 per month from October 30, 2015 and KRW 60,000 from December 30, 2015. At that time, the Defendant voluntarily withdrawn the application for auction.

G. On January 25, 2016, the Defendant filed an application for voluntary auction of the instant real estate with the Daegu District Court resident support C, on the ground that the Defendant was not able to receive the principal and interest of KRW 60,000,000,000, and the decision on commencement of auction was rendered on February 4, 2016.

H. On September 26, 2016, the Defendant submitted a claim statement seeking payment of KRW 5,436,986, and interest calculated at the rate of KRW 13.5% per annum from May 4, 2015 to January 3, 2016, 7,175,342, plus KRW 72,612,328, calculated at the rate of 15% per annum from January 4, 2016 to October 21, 2016.

(i) On October 21, 2016, in the above voluntary auction case.

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