beta
Text
1. The Seoul Northern District Court C real estate compulsory auction case was prepared by the above court on July 10, 2019.
Reasons
1. The following facts are found to be of no dispute between the parties, or found to be of the whole purport of the pleadings as a whole in each entry in Gap evidence Nos. 1 to 4 (including papery evidence) and Eul evidence No. 2:
A. On October 31, 2018, the provisional attachment obligee Co., Ltd., the real estate auction procedure (hereinafter “instant auction procedure”) was commenced to the Seoul Northern District Court C with respect to H apartment I (hereinafter “instant real estate”) owned by Nowon-gu in Seoul Special Metropolitan City, Nowon-gu and G on October 31, 2018, and the instant real estate was sold to a third party on June 3, 2019.
B. On December 7, 2018, the Plaintiff received a provisional attachment order issued by the Seoul Northern District Court 2018Kadan2136, and the provisional attachment registration was completed for the instant real estate as the claim amounting to 125,000,000.
C. The Defendant, E, from September 10, 2015 to November 30, 2017, lent a total of KRW 134,500,00 to E, but applied for a payment order seeking a loan under the Seoul Northern District Court Decision 2018 tea26878 on the ground that he/she was not paid the loan. On April 2, 2018, the said court issued a payment order (hereinafter “instant payment order”) stating that “E shall pay to the Defendant the amount calculated at the rate of KRW 134,50,000 and the amount calculated at the rate of KRW 15% per annum from April 6, 2018 to the date of full payment,” and the said payment order became final and conclusive on April 20, 2018.
On January 11, 2019, based on the instant payment order, the Defendant made a demand for distribution to an auction court on the basis of the instant payment order, and thereafter submitted a claim statement of KRW 160,19,149.
E. On July 10, 2019, the court of auction has distributed KRW 901,300,101,375 to the Industrial Bank of Korea, which is a mortgagee, in the first order among the amount to be actually distributed, 656,569,623 won, excluding the cost of execution on July 10, 201, the date of distribution, and distributed KRW 37,553,793 to the Industrial Bank of Korea, which is a mortgagee, in the second order, in the second order and third order, including the Plaintiff in the fourth order.