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1. The part of the instant lawsuit regarding the claim of demurrer against distribution shall be dismissed.
2. Attached list between C and the Defendant.
Reasons
1. Basic facts
A. On February 27, 2015, the Plaintiff: (a) lent KRW 300,000,000 to C (hereinafter “C”) at an annual interest rate of 12% per annum; and (b) on February 27, 2016, the Plaintiff drafted a notarial deed of compulsory execution containing the content that “C does not have any objection even if it was immediately subject to compulsory execution when it did not perform its obligation” with respect to the loan claim C and the above loan claim (hereinafter “loan claim”).
(hereinafter referred to as “instant notarial deed”). (b)
C On June 21, 2016, the Defendant and the Defendant entered into a mortgage agreement with regard to the real estate listed in paragraph (2) of the same Table as the equity interest of 438201/1958 among the real estate listed in paragraph (1) of the attached Table No. 1 (hereinafter “each of the instant real estate”), which covers the Defendant, C, the obligor, the maximum debt amount of which is KRW 3,50,000,00 (hereinafter “instant first mortgage agreement”) and completed the registration of establishment of the neighboring real estate (hereinafter “mortgage No. 1”) to the Defendant on June 21, 2016, Incheon District Court Decision No. 40315, Jun. 21, 2016.
C. On October 24, 2016, C entered into a trade reservation with the Defendant on each of the instant real estate (hereinafter “instant reservation”) and completed the provisional registration of the right to claim transfer of ownership (hereinafter “the instant provisional registration”) with the Incheon District Court No. 77179 on October 24, 2016.
C On February 17, 2017, the Korea Credit Guarantee Fund entered into a mortgage agreement with the Korea Credit Guarantee Fund as the mortgagee, C, the debtor, the maximum debt amount of KRW 1,608,600,000 with respect to each of the instant real estate (hereinafter “mortgage 2”) and completed the registration of establishment of a mortgage (hereinafter “registration of establishment of a mortgage”) with the Incheon District Court No. 12581, Feb. 17, 2017, the Incheon District Court (hereinafter “Seoul District Court 2”) as the registration office of establishment of a mortgage on February 17, 2017.
E. This case upon the plaintiff's application for a compulsory auction.