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1. The distribution schedule prepared by the said court on October 24, 2018 with respect to F real estate auction cases in the Ulsan District Court.
Reasons
1. Basic facts
A. The Dispute Resolution Co., Ltd (hereinafter referred to as “A”) received a loan of KRW 650 million, and KRW 1.20 million from the Defendant for business financing from around 2012 to around 2014, with respect to the Defendant’s land owned by Ulsan-gu G (hereinafter referred to as “instant land”) under No. 128020, Dec. 6, 2012, the maximum debt amount was KRW 780,000,000 and KRW 1.445,00,000,000 for each of the instant land as to the instant land as prescribed by Article 104356, Oct. 29, 2013; thereafter, on April 7, 2014, each of the maximum debt amount was established as KRW 780,000,000,000 for each of the above land’s building parts as the maximum debt amount and KRW 1.44 billion.
B. The Defendant’s foregoing on June 21, 2017
The lower court, based on the right to collateral security, filed an application for voluntary auction of the instant land and the instant ground buildings with the Ulsan District Court F, which was based on the maximum debt amount of KRW 780 million as indicated in the claim, and rendered a decision of commencement of real estate auction on July 4, 2017. However, on September 28, 2017, the Defendant transferred to Nonparty H-backed limited liability company KRW 650 million out of the loan claims against A, and accordingly, the said H-backed limited liability company succeeded to the status of the applicant for voluntary auction.
C. Meanwhile, on the other hand, the network I established the right to collateral security of KRW 2,760,00,000 on the land J of Mapo-gu Seoul Metropolitan Government (hereinafter “J land”) to the Defendant for the said A. However, the said I died on February 20, 2016, and the heir, including the Intervenor, decided to sell the said land on October 24, 2016 and repay the Defendant’s loan obligations of KRW 2,989,313,115 as part of the purchase price, and thereby, A’s loan obligations against the Defendant against the Defendant were repaid in full as of December 19, 2016.
In the voluntary auction procedure for the instant land and the instant ground buildings, the auction court distributes the amount of KRW 1,017,580 and KRW 1,038,190 under the name of the pertinent tax to the Nam-gu and the Plaintiff in the order of October 24, 2018, respectively, and H. the Defendant’s successor.