배당이의
1. Defendant among the distribution schedule prepared on September 29, 2016 with respect to the Busan District Court D and E (Dual) auction of real estate.
1. The facts subsequent to the facts of recognition may be found either in dispute between the parties or in Gap evidence Nos. 1- 3 (including a serial number), taking into account the overall purport of the pleadings.
A completed the registration of ownership transfer with respect to the real estate stated in the attached Form (hereinafter “instant real estate”) on June 28, 2013, and created a mortgage with the maximum debt amount of KRW 64,22 million to the Seo-dong Saemaul Depository, and the debtor A on the same day, and completed the registration of ownership transfer with respect to the Plaintiff on June 28, 2013.
B. On July 31, 2014, the Plaintiff issued to F the transfer registration of ownership (hereinafter “instant transfer registration”) on the grounds of the sales contract (hereinafter “instant sales contract”) on June 14, 2014.
C. On February 9, 2015, F had Defendant B registered the creation of the right to collateral security with the maximum debt amount of KRW 22.5 million with respect to the instant real estate, and the debtor F. D.
Defendant C filed an application for provisional seizure of the instant real estate with the Changwon District Court Tong-won Branch 2015Kadan1038 by using the claim amount of KRW 120 million against F as the claim amount. On October 28, 2015, Defendant C received a decision of provisional seizure of the said details from the said court, and completed the registration of provisional seizure on the same day.
E. Defendant B filed an application for voluntary auction to Busan District Court D through the execution of the right to collateral security on the instant real estate. On January 11, 2016, Defendant B received a decision to commence the auction from the above court and filed an application for voluntary auction to the same court E. On January 21, 2016, Defendant B received a decision to commence the auction on January 21, 2016, and completed the registration of ownership transfer on August 23, 2016.
On June 14, 2014, the Plaintiff sold the instant real estate in the amount of KRW 630 million between F and F, but the down payment of KRW 60 million is paid at the time of the contract, while the amount of KRW 494 million is paid at the time of the contract.