배당이의
1. The above court shall have regard to the compulsory auction (duplicate) and the auction of real estate E (duplicate) real estate in Daejeon District Court.
1. Facts of recognition;
A. On November 22, 2016, the Plaintiff: (a) determined on November 23, 2016, the interest rate of KRW 8.81% of the general loan for household (net general loan) 14 million (hereinafter “instant loan”); and (b) on November 22, 2019, the Plaintiff loaned KRW 81 million at the interest rate of KRW 3.93% of the long-term housing loan (on November 23, 2006, hereinafter “instant loan”) and the maturity of KRW 3.93% of the interest rate and November 23, 2046, respectively.
B. On November 23, 2016, the Plaintiff entered into a mortgage agreement with the F and F budget group G, and I building J in H (hereinafter “instant real estate”) with respect to “the maximum debt amount of KRW 97,200,000,000, the debtor F and the scope of the secured debt” as “the debtor’s limited collateral (the debtor bears all his/her current and future obligations due to a household housing loan transaction to the creditor)” and completed the registration of the establishment of a mortgage on the same day.
(hereinafter “instant collateral security”). C.
At the time of concluding the instant mortgage contract, F drafted a “written confirmation of the scope of secured debt” to the effect that the instant loan is included in the secured debt of the instant mortgage between the Plaintiff and the Plaintiff.
On the other hand, the Defendant, as his successor, applied for a compulsory auction as D with respect to the instant real estate to the Daejeon District Court of Hongsung Branch of the Daejeon District Court of 2010 Ghana 2206, which was decided to commence the auction on December 27, 2018.
Then, the plaintiff also received a decision to commence voluntary auction on the instant real estate in E, and continued to overlap with the instant case.
E. In the above auction procedure on October 2, 2019, the auction court prepared a distribution schedule of KRW 79,814,168 corresponding to the principal and interest of the instant loans and KRW 39,395,847 in the order of priority for the Defendant, and KRW 39,395,847 in the order of priority for the Defendant. The Plaintiff appeared on the date of distribution on the date of distribution and raised an objection against KRW 13,425,150 out of the amount of dividends for the Defendant, and within seven days thereafter. < Amended by Presidential Decree No. 24274, Oct. 2,