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1. The Plaintiff shall sell the 3,019 square meters of paddy field B at the time of Pakistan to an auction, and the remainder which remains after deducting the auction cost from the price.
Reasons
1. Basic facts
A. C and the Defendant are one-half share holders of B 3,019 square meters (hereinafter “instant land”) in each of the instant land in Pakistan-si.
B. The Plaintiff received an order for payment of KRW 126,409,384 against C as Seoul Central District Court Decision 2014 tea31783 and damages for delay thereof, and the said order was finalized on July 8, 2014.
C. As to the land of this case, the Jung-gu District Court, Goyang-dong registry office, Goyang-dong, 201, received on November 3, 2010, under Article 84629, the maximum debt amount of 106,60,000 won, C, the debtor, the creditor, the creditor-mortgage-backed livestock cooperative, and the 84630, received on November 3, 2010, the maximum debt amount of 13,000,000 won, the debtor, the debtor, the defendant-mortgage-mortgage-backed livestock cooperative, the Pakistan-do governor, and the Pakistan-do Livestock Cooperative (hereinafter “each of the above mortgage”).
On March 28, 2014, the Plaintiff, based on the above-mentioned payment order issued on March 28, 2014, issued a decision to commence compulsory sale of real estate for 1/2 shares in the instant land owned C, but failed twice, and the auction procedure was revoked on the ground that there was no remaining difference if the Plaintiff excluded the real estate charge (the amount of appraisal of KRW 150,950,000, and the three-time minimum sale price for KRW 73,966,00) and the procedural cost, which takes precedence over the Plaintiff’s claim, the execution creditor, from the minimum sale price (the amount of appraisal of KRW 150,950,00,00) on the third sale date.
E. On November 5, 2014, the Plaintiff received a decision on provisional seizure against C’s share in the instant land (Seoul Eastern District Court 2014Kadan5981), and completed the registration of provisional seizure (20,000,000 won).
F. C does not have any particular property other than the share of 1/2 of the instant land.
[Ground of recognition] Unsatisfy, Gap evidence 1 to 3-2, the purport of the whole pleadings
2. The parties' assertion
A. The plaintiff is a creditor based on the above payment order against the plaintiff C, and Eul is a foreign creditor.