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1. As to the Cheongju District Court B real estate auction case B, the said court prepared on May 16, 2017.
Reasons
Basic Facts
C Co., Ltd. (hereinafter “C”) completed the registration of creation of a neighboring mortgage (hereinafter “mortgage”) of KRW 5,864,00,000,000,000,000,000,000 on December 1, 201, the Cheongju District Court rendered the registration of creation of a neighboring mortgage (hereinafter “instant collateral security”) of the debtor F (hereinafter “F”) and the maximum debt amount of KRW 200,00,000,000,000,000,000.
On January 6, 2011, the Plaintiff completed the provisional attachment registration of the instant real estate by making the claim for indemnity against D as the preserved right of KRW 381,278,00.
The plaintiff filed a lawsuit against D with D to pay the amount of indemnity, with the purport that "D shall pay the amount calculated by the rate of 15% per annum from May 24, 2011 to November 10, 2011, and 20% per annum from the next day to the day of complete payment (Seoul District Court Decision 2011Da43805 Decided January 12, 201)" and (ii) the amount of 82,81,289 won and 81,278,000 won among them, and 15% per annum from August 24, 201 to November 17, 201, and 201 to the day of full payment (Seoul District Court Decision 201Da43805 Decided January 12, 2012)."
The Defendant completed the registration of the transfer of collateral security based on the transfer of confirmed claim on September 3, 2015, No. 43925, which was received on September 3, 2015 from the Cheongju District Court, as to the instant collateral security.
On May 10, 2016, the Defendant received a decision to commence the voluntary auction on the instant real estate from the court. On May 10, 2016, the court of execution prepared a distribution schedule that the Defendant distributes KRW 44,767,155 to the Plaintiff among KRW 47,03,223, the amount to be actually distributed on May 16, 2017, and KRW 0 to the Plaintiff.
(Cheongju District Court B, hereinafter “instant auction procedure”). On May 16, 2017, the Plaintiff appeared on the open date of distribution and raised an objection against the Defendant in full, and filed the instant lawsuit on May 19, 2017.
recognized.