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1. The defendant and the non-party C shall be apportioned to the Daejeon District Court for a compulsory auction case D.
Reasons
1. Facts of recognition;
A. The Plaintiff’s loan claim 1) from August 31, 201 to November 14, 201 of the same year, the Plaintiff leased KRW 85,00,000 to Nonparty C nine times, and the Plaintiff was paid KRW 15,00,000 among them, to Nonparty C on July 9, 2012. (2) On July 9, 2012, the Plaintiff received an order to pay the Plaintiff KRW 70,000,000 and the amount calculated at a rate of 20% per annum from July 13, 2012 to the date of full payment. The above payment order became final and conclusive on July 27, 2012.
B. On November 23, 2011, C received a decision of compulsory auction on the compulsory auction (hereinafter “instant compulsory auction case”) with respect to each of 2/7 square meters out of 516 square meters and 1,507 square meters and 2/7 square meters and 1,507 square meters and owned by the Daejeon District Court D with Red Sung-si Branch D, Daejeon District Court, Daejeon District Court D, and its ground.
(2) On June 14, 2012, C entered into a contract with the Defendant to transfer a claim for the payment of dividend (71,00,000 won) to be distributed in the instant compulsory auction case (hereinafter “instant assignment contract”), and notified the Republic of Korea of the said assignment of claim.
3) The Defendant, as a sales unit of C, lent KRW 50,700,000 to C over five times from February 27, 2012 to June 18, 2012. 4) C, at the time of the instant contract for the assignment of claims, was liable to the Plaintiff, Defendant, etc. for a total of at least KRW 100,000,000,000,000, on the other hand, there was no active property other than the said claim for the payment of dividends.
C. On June 13, 2012, in the instant case of compulsory auction, the distribution schedule was prepared to distribute all of KRW 71,838,098 of the amount to be actually distributed to C on June 13, 2012, and E, the debtor and owner, have raised an objection to the total amount of the above amount of dividends on the date of distribution. 2) E, in the distribution schedule against C, has an objection to the dividend amount of KRW 71,838,098 among the above distribution schedule against C.