Text
1. The same court was prepared on January 16, 2017 with respect to a compulsory auction case A for real estate in the Gwangju District Court Nam-gu.
Reasons
1. Circumstances leading to the dispute of this case;
A. On January 15, 2016, the Plaintiff filed an application for a compulsory auction with respect to the Seoul Central District Court 2012 tea1573 square meters and 72.7 square meters in the cement slab Group Co., Ltd. (hereinafter “instant real property”) on the ground, based on the payment order finalized in the Seoul Central District Court 2012 tea 1573 case with respect to B, and the compulsory auction procedure was commenced on January 15, 2016.
(B) The Gwangjin-gu District Court A, hereinafter referred to as the “instant auction”).
In the auction of this case, the plaintiff asserted that the principal amount of KRW 266,00,00, interest of KRW 853,510,191 exists on the basis of the payment order finalized above, and demanded the distribution of the real property of this case. The defendant asserted that the court of Gwangju District had the claim of KRW 6,50,000 as the collateral security right of the maximum debt amount of KRW 6,50,000, which was completed on February 1, 1984, as the collateral security right of the establishment registration of a neighboring mortgage of KRW 397, which was completed on February 1, 198
Amount claimed by the parties (unit: unit) The amount of dividends (unit: plaintiff 1,19,510, 191, 45,859,325, and defendant 6,500,000,500,000, as grounds for dividends
C. On January 26, 2017, the auction court prepared a distribution schedule with a content that distributes dividends to the Plaintiff and the Defendant in the same amount as the indicated in the following table (hereinafter “instant distribution schedule”).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. Determination as to the cause of action
A. The following facts may be acknowledged either in dispute between the parties or in addition to the whole purport of the pleadings in each entry in the evidence Nos. 1, 2, and 3.
1) On February 1, 1984, the Defendant lent KRW 6,500,00 to B, and B agreed that it shall be repaid monthly to the Defendant for twenty (20) years from February 21, 1985 to January 20, 204, but if B delayed the due date of the installment obligation, it shall lose the benefit of time. (2) B did not repay the above loan after February 3, 1996.
3. The defendant shall set the period to B around that time.