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1. The case of the voluntary auction of real estate deposit C with the Suwon District Court is prepared by the same court on August 13, 2014.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. On October 25, 201, E Co., Ltd. (hereinafter “E”) loaned KRW 400,000 to D with interest rate of KRW 10,00,000 per annum and KRW 24% per annum. D, in order to secure the obligation to repay the said loan, was created a collateral security right (hereinafter “instant collateral security right”) with respect to the instant apartment as the Head of Suwon District Court No. 71622, Oct. 25, 201, for the purpose of securing the obligation to repay the said loan.
B. Since May 16, 2013 with respect to the instant apartment, the registration of provisional attachment in the name of F Co., Ltd., F Co., Ltd., which was the claim amounting to KRW 13,434,455, the registration of provisional attachment in the name of G Co., Ltd., which was the claim amounting to June 3, 2013, the registration of provisional attachment in the name of G Co., Ltd., which was the cause of KRW 6,469,982, the registration of provisional attachment in the name of H Co., Ltd., which was the cause of KRW 21,485,148, the claim amounting to KRW 2,459,972, the registration of provisional attachment in the name of I Co., Ltd., Ltd., which was the cause of KRW 3,367,966,
C. D from March 3, 2013, the interest payment on the above loan obligation began to be in arrears, and E, around June 12, 2013, applied for the auction of real estate on the instant apartment to the Suwon District Court-Support C based on the instant collective security right (hereinafter “instant auction”), and the said execution court decided to commence the auction on the same day.
Around May 30, 2013, the Plaintiff entered into a lease contract (hereinafter “instant lease contract”) with respect to D and the instant apartment, setting the lease deposit of KRW 25,00,000,00, and the term from June 4, 2013 to June 3, 2015, and filed a report on the right to claim the return of the lease deposit and demand the distribution of the right to claim the return of the lease deposit, by asserting that the Plaintiff is a small lessee who has filed a move-in report on the move-in report on June 4, 2013.
E. On June 25, 2013, E transferred the instant right to collateral security to K Co., Ltd., and the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) on the same day.