배당이의
1. It was prepared on October 2, 2014 by the said court with respect to the case of the voluntary auction of real estate C with the Suwon District Court Sung-nam branch.
1. Facts of recognition;
A. On March 19, 2004, the Plaintiff entered into a mortgage contract with Nonparty D, and completed a mortgage establishment registration on the same day with Nonparty D as to the total maximum debt amount of KRW 840,000,000, the F-dong 202 (hereinafter “the instant real estate”) of the Sungnam-gu Seoul Special Metropolitan City F-dong 202 (hereinafter “the instant real estate”). On June 16, 2004, the Plaintiff entered into a mortgage contract with Nonparty D and completed a mortgage establishment registration on the same day with the maximum debt amount of KRW 48,00,000,000, the debtor D and the Plaintiff as the mortgagee.
B. On November 22, 2013, the Plaintiff filed an application for voluntary auction on the instant real estate with the Sungwon District Court Branch Branch (C), and the said court rendered a decision to voluntarily commence the auction on November 25, 2013, and Nonparty G acquired ownership by winning a successful bid on August 25, 2014.
(hereinafter “instant auction”). C.
At the auction of this case on February 4, 2014, Defendant B made a report on the right and demand for distribution on the ground that: (a) the lease deposit was paid pursuant to the lease agreement concluded between September 2, 2013 and September 1, 2015 with respect to the first room on the left-hand side among the instant real estate at the above court; and (b) the lease deposit was located on September 5, 2013 (the fixed date September 6, 2015).
At the auction of this case on February 4, 2014, Defendant A made a report on the right and demand for distribution on the ground that: (a) the deposit was paid under the lease agreement signed between August 31, 2013 and August 30, 2015 with respect to the first room of the right among the instant real estate at the above court; and (b) the deposit was paid under the lease agreement signed between August 31, 2013 and August 31, 2015; and (c) the said deposit was occupied on September 5, 2013 (the fixed date).
E. On October 2, 2014, the said court drafted the following distribution schedule at the instant auction.
The creditor's dividends order of KRW 16,00,000 for the plaintiff's credit amount of KRW 16,00,000 for the plaintiff's credit amount of KRW 2,569,920 for 1,174,171,395 for the creditor's credit amount of defendant A A-Nam-si, Sungnam-si.