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1. It was prepared on February 20, 2017 by the original district court with respect to the compulsory auction case B real estate at the Changwon District Court W.
Reasons
1. Basic facts
A. On December 17, 2007, the Plaintiff: (a) lent C with each other KRW 25 million; (b) KRW 10 million on February 28, 2008; (c) KRW 10 million on May 3, 2010; (d) KRW 5 million on December 13, 2010; (e) KRW 500,000 on September 3, 2013; and (e) leased each other KRW 10 million on April 24, 2014; and (e) concluded a material transaction agreement with C on December 13, 201 with each other with each other on the total amount of KRW 5 million on April 23, 2014; and (e) concluded a shipment agreement with each other as KRW 4,236,00,00 on agricultural products advance payment.
B. If C did not repay each of the above loans, the Plaintiff filed an application with the Changwon District Court for a payment order with the Changwon District Court 2015 tea143. On October 6, 2015, the said court ordered C to pay the Plaintiff the total amount of KRW 53,967,918, and the damages for delay amounting to KRW 49,068,030 among them. The said payment order became final and conclusive around that time.
C. The Plaintiff filed an application for a compulsory auction against six real estates, including 1,130 square meters (hereinafter “instant real estate”) owned by Changwon District Court D, Changwon-gun, Changwon District Court D, Dongcheon-gun, Seoul (hereinafter “instant real estate”), with the authentic copy of the above payment order against C as its executive title.
On November 19, 2015, the auction court rendered a ruling to commence compulsory auction, and on December 4, 2015, the Plaintiff reported the claim amounting to KRW 49,366,609, interest 13,700,418, totaling KRW 63,067,027, to the court of the above warning on December 4, 2015.
(hereinafter the above procedure for compulsory auction is referred to as “instant auction procedure”). D.
On December 15, 2014, the Plaintiff completed the registration of creation of the right to collateral security (hereinafter referred to as the “right to collateral security”) with respect to the instant real estate, which is set forth as the maximum debt amount of KRW 45 million, C, and the Defendant submitted the claim statement of KRW 45 million with the court of auction on February 16, 2016.
E. On February 20, 2017, the auction court determined the amount to be actually distributed on the date of distribution as KRW 43,139,092, and distributed KRW 37,371,217 to the Defendant and distributed KRW 4,441,135 to the Plaintiff in the second order.