On September 11, 2015, the Plaintiff received a payment order for E, F, and G as the Jeonju District Court 2015 tea3934, and applied for commencement of auction with respect to real estate owned by E, F, and G based on the above payment order, and received a decision to commence compulsory auction as Daejeon District Court Seosan Branch C on August 4, 2017.

On the other hand, on June 29, 1998, the network D completed the registration of creation of a mortgage on the above real estate by the Daejeon District Court No. 9395 on July 2, 1998, under the receipt of the Daejeon District Court’s receipt registration office, and the debtor H’s establishment of a mortgage on the said real estate.

The network D died on October 10, 2007, and its heir A and A, the wife, are the Defendant B.

On March 22, 2018, the Daejeon District Court rendered a distribution of KRW 5 million in the order of priority to the deceased D, a mortgagee of the above real estate, and KRW 986,770 in the order of priority to the Plaintiff, an applicant creditor, respectively, on the date of distribution open on March 22, 2018.

On the date of distribution, the Plaintiff stated an objection to the total amount of the net D’s dividends, and filed the instant lawsuit on March 27, 2018.

However, the secured debt of the network D was nonexistent or extinguished due to the completion of the prescription.

Therefore, the dividend table of the above voluntary auction case should be corrected that the dividend amount to the Defendants, who are the deceased D’s inheritors, is distributed to the Plaintiff in full.

Judgment without Oral Pleading (Articles 208(3)1 and 257 of the Civil Procedure Act)