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1. Of the distribution schedule prepared on January 27, 2014 with respect to C real estate auction cases, the amount of dividends to the Defendant.
Reasons
1. Basic facts
A. From January 30, 2008 to July 20, 2010, the Plaintiff remitted total of KRW 62,245,000 to D.
B. On January 6, 2010, the Defendant: (a) established the right to collateral security (hereinafter “mortgage”); and (b) terminated on May 14, 2010, regarding E and F apartment Nos. 101 and 1307 (hereinafter “the instant apartment”) on two parcels, namely, the maximum debt amount; and (c) the debtor set up the right to collateral security (hereinafter “the right to collateral security”); and (d) terminated on May 14, 2010.
C. As to the apartment of this case, the Plaintiff filed an application for provisional seizure of real estate with the claim amounting to KRW 45 million with the court 2010Kadan10714, and received the provisional seizure order on December 2, 2010 (hereinafter “the provisional seizure order of Plaintiff”).
As to the apartment of this case, the Defendant filed an application for provisional seizure of real estate with the claim amounting to KRW 90 million with respect to the apartment of this case as the court 201Kadan102975, and received a provisional seizure decision on December 14, 201 (hereinafter “decision on provisional seizure by Defendant”).
E. The Plaintiff filed a lawsuit against D on September 24, 2012 regarding the instant case, which is the appellate court. On September 24, 2012, the lower court rendered a ruling of recommending reconciliation (hereinafter the instant ruling of recommending reconciliation) with the purport that “D shall pay the Plaintiff KRW 45 million up to November 30, 2012, and if delay is delayed, it shall pay the Plaintiff a delay payment at a rate of 20% per annum.” The said ruling of recommending reconciliation became final and conclusive around that time.
F. On October 24, 2012, the lower court rendered a voluntary decision to commence the auction of the instant apartment.
(C) On the other hand, on November 13, 2012, the above court issued a payment order stating that D shall pay the Plaintiff KRW 200 million and its delay damages (hereinafter the instant payment order), and the above payment order on December 4, 2012.