A. On August 20, 2010, the registration of the transfer of ownership in the name D was completed on October 31, 2010 with respect to the Cheongju-si Seoul apartment 104 Dong 402 (hereinafter “instant apartment”).

B. As to the instant apartment, the registration of creation of a neighboring mortgage (hereinafter “registration of creation of a neighboring mortgage of the instant apartment”) was completed on August 20, 2010 by the maximum debt amount of 280,080,000 won, the debtor D and the new bank Co., Ltd. (hereinafter “new bank”) for establishing a contract on the same day.

C. On June 21, 2016, the procedure for the auction of real estate B (hereinafter “instant auction procedure”) was initiated upon the application of the new bank with respect to the instant apartment. D.

On December 29, 2016, the date of distribution of the instant auction procedure, the said court drafted a distribution schedule of KRW 97,051,545 to the Plaintiff and KRW 280,080,00 to the Defendant who succeeded to the status of the new bank. The Plaintiff raised an objection against KRW 26,793,440 out of the amount of dividends against the Defendant on the said date of distribution, and filed the instant lawsuit on January 4, 2017, within one week thereafter.

[Ground of recognition] Facts without dispute, Gap evidence 1, 11, 14, Eul evidence 1 through 3 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Summary of the parties’ assertion

A. In the instant auction procedure by the Plaintiff, the distribution schedule was formulated by demanding the Defendant to demand a loan of KRW 233,400,000 and the maximum debt amount of KRW 280,080,00,00, which is the maximum debt amount of the credit loan of KRW 49,000,00, and the said credit loan cannot be included in the scope of the secured debt of the instant apartment. Therefore, the instant distribution schedule should be revised.

B. Defendant D and the New Bank agreed that credit loans claims at the time of the loan agreement secured by the apartment of this case shall also be included in the scope of the secured claims in the registration of the establishment of the mortgage of this case. Thus, the instant dividend table is justifiable.

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