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1. Of the distribution schedule prepared by the court on August 1, 2014 with respect to the compulsory auction case of Daejeon District Court Seosan Branch C real estate.
Reasons
Basic Facts
(1) On June 25, 2010, the Plaintiff entered into a credit guarantee agreement with E farming association and issued a credit guarantee agreement with the term from July 7, 2010 to June 30, 2013 under the joint and several surety D’s credit guarantee agreement and issued a credit guarantee agreement. E farming association borrowed KRW 200,000,000 from the Nong Bank on July 7, 2010. (2) E farming association paid a credit guarantee amount of KRW 200,000 from the Nonghyup Bank on February 27, 2014. The Plaintiff subrogated to the Nonghyup Bank on February 28, 2014 in relation to the credit guarantee.
3) On January 28, 2014, the Plaintiff: (a) held each real estate listed in the separate list owned by D as a preserved claim for indemnity against D; (b) held that the real estate listed in paragraph (2) is “the instant house”; and (c) held that each of the said real estate is collectively named, “the instant land and housing”.
(4) On December 18, 2014, the Plaintiff was jointly and severally subject to the ruling of provisional seizure (Seoul District Court 2014Kadan57), and the registration of provisional seizure was entered on the same day. On December 18, 2014, the judgment of the court below ordering that “E farming association corporations and D shall jointly and severally pay to the Plaintiff 16,505,591 won and 166,17,789 won among them, from March 6, 2014 until October 11, 2014, E farming association corporations shall be until October 11, 2014; D shall be 12% per annum until December 4, 2014; D shall be paid with 20% interest per annum from the next day to the day of full payment (Seoul District Court 2014Kadan209873).” The above judgment became final and conclusive around that time.
The Defendants’ lease contract 1) Defendant A entered into a lease agreement with D on October 30, 2013 and 2 partitions among the instant housing amounting to KRW 30,000,000 (hereinafter “instant first lease agreement”).
(2) On November 18, 2013, Defendant B made a move-in report on November 7, 2013, and obtained a fixed date in the lease contract on November 18, 2013, and Defendant B entered into a lease contract with a deposit amount of KRW 25,00,000 for each room among the instant housing.