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1. The distribution schedule prepared on September 26, 2014 by the Seoul Eastern District Court C in relation to the auction of real estate.
Reasons
1. Basic facts
A. 1) Nonparty D Co., Ltd. (hereinafter “D”) in the name of the Defendant
) On September 13, 2006, Non-Party E, the total of 41 units of business facilities and neighborhood living facilities located in the 8th floor in Songpa-gu Seoul Metropolitan Government F (hereinafter referred to as the “instant condominium building,” in total of 41 units of the above partitioned building.
D) On September 29, 2006, a notary public prepared a promissory note No. 859 on November 30, 2006 (hereinafter “notarial deed of this case”) with D, payees, face value amounting to KRW 200,000,000, and the due date for payment, and issued it to the Defendant.
3) Thereafter, E, D, and Non-Party G Co., Ltd. (hereinafter “G”).
(2) On October 7, 2006, an agreement was concluded to change the name of the purchaser of the instant aggregate building into G, and on October 30, 2006, the registration of ownership transfer was completed in the name of G with respect to the instant aggregate building. (B) The Plaintiff filed a lawsuit against G to claim payment of wages with respect to the instant aggregate building. (3) On August 27, 2009, the Plaintiff was sentenced on August 27, 2009 that “Defendant (G) shall pay to the Plaintiff 55 million won and its amount at the rate of 20% per annum from July 15, 2008 to the date of full payment,” and the said judgment became final and conclusive on October 7, 2009.
2) On May 28, 2009, the Plaintiff received a decision on the provisional seizure of real estate by the Seoul Eastern District Court 2009Kadan6027 as to the instant building by deeming the claim for wages of KRW 55 million against G as the preserved right. C. The Defendant completed the registration of the creation of collateral security (hereinafter “instant collateral security”) with regard to the creditors, debtors D, and maximum debt amount of KRW 400 million as to the instant partitioned building on October 30, 2006, the Defendant on October 1, 2006, the first floor No. 101 (hereinafter “instant partitioned building”).
2. On November 23, 2012, the Defendant is entitled to the instant right to collateral security.