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1. As to the auction case A (B, C, and D (Dual) of real estate in Gyeyang-gu District Court Goyang-gu District Court, the above court on June 8, 2016.
Reasons
1. Basic facts
A. The Plaintiff is a person who takes over the right to collateral security and the secured debt thereof, which are worth KRW 1,010,000,000 from the National Federation of Korea, with respect to the land and building of the Republic of Korea, Seoyang-gu, Busan-gu, Busan-si, Seoul-si, which is owned by Nonparty E, from the National Federation of Fisheries Cooperatives.
B. On July 20, 2009, the registration for the creation of the right to collateral security (hereinafter “instant right to collateral security”) was completed with respect to F land and building in Yongsan-gu, Yongsan-gu, Yongsan-gu and the maximum debt amount of 388,700,000 won and the right to collateral security (hereinafter “instant right to collateral security”).
C. The auction procedure of real estate A has been initiated with respect to the above Goyang-gu Incheon Metropolitan City F land and building and the G land and building in Gyeyang-gu Seoyang-gu Goyang-gu Goyang-si G land and building.
B. On December 12, 2014, in the process of the above voluntary auction procedure, Nonparty Dongdong Credit Union filed an application for the commencement of voluntary auction in duplicate with Dong-gu District Court Goyang Branch D. On July 9, 2009, Nonparty 301,478,614 won (296,00,000 won under the loan transaction agreement as of July 9, 2009) as the claim amount for the loans from Dong-dong Credit Union (296,00,000 won under the loan transaction agreement as of December 9, 2014, and interest on the said loans from September 20, 2014 to December 9, 2014, with the interest rate of 5,478,614 won as well as 296,000,000 won as of December 10, 2014 to the full payment date (the interest rate of 16.35% per annum371% per annum).
C. After December 16, 2014, the Defendant’s Intervenor acquired the credit and collateral security against E from the Dongdong Credit Union, and completed the supplementary registration of the transfer of the instant collateral security on the ground of the transfer of finalized claim on December 17, 2014. On the same day, the Defendant completed the supplementary registration of the right to collateral security, which is KRW 388,700,000, with the creditor, claim amount of KRW 388,700.
Since then, the Intervenor’s Intervenor submitted a claim statement to the effect that the amount of credit is KRW 398,404,642.
In the above auction procedure on June 8, 2016, the defendant received dividends of KRW 388,700,000, the total maximum debt amount out of the amount of credit, and the plaintiff shall be subordinate 447,94.