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1. Of the instant lawsuit,
A. Voluntary auction procedure against the housing of 192.9 square meters in Daegu Suwon-gu B, and the second floor above that ground.
Reasons
1. Facts of recognition;
A. On July 3, 2006, the Plaintiff: (a) borrowed KRW 60 million from the Defendant, a credit service provider, at the interest rate of 3% per month; (b) due date of repayment on July 3, 2007 (hereinafter “the instant loan”); and (c) in order to secure the Defendant’s obligation to return the loan, the Plaintiff created a collateral security right (hereinafter “instant collateral security right”) with respect to Daegu Suwon-gu District Court Decision 39529 square meters and detached houses on July 3, 2006, with respect to the 190 million maximum debt amount (hereinafter “instant collateral security right”).
B. On April 18, 2007, the Plaintiff paid KRW 22 million to the Defendant as part of the repayment of the instant loan.
(3) On June 27, 2007, the notary public made a 36% annual interest rate on July 3, 2006, annual interest rate of 48%, annual interest rate of 48%, and due date of payment on July 3, 2007, which read that the Defendant would accept compulsory execution (hereinafter “notarial deed of this case”) to the Defendant on July 16, 2007, using the power of attorney, etc. in the name of the Plaintiff, which was issued at the time of the establishment of the instant right to collateral security (hereinafter “the instant deed”).
On January 5, 2009, the Daegu Livestock Industry Cooperatives, the Plaintiff’s other creditors, filed an application for voluntary auction against the Plaintiff’s land and buildings on the land owned by the Plaintiff (Tgu District Court D). In this auction procedure, the Defendant, at the auction procedure, made a demand for distribution on February 25, 2009 as the person holding the provisional attachment right to claim the loan of this case, and submitted the instant authentic deed and received 54,061,482 won on the date of distribution on January 13, 2010, as the person holding the provisional attachment right to claim the loan of this case.
(hereinafter referred to as "third repayment." On the other hand, the defendant on October 1, 2009 claims for the borrowed money of this case.