배당이의
1. A distribution schedule prepared by the said court on September 24, 2014 with respect to the auction case of D's real estate located in Suwon District Court.
1. Basic facts
A. The Plaintiff completed the registration of establishment of a mortgage on September 4, 2013, based on the contract on May 31, 2013, in order to secure a loan claim of KRW 3.5 million against E with respect to the real estate stated in the separate sheet, for which the registration of establishment of ownership was completed under the name of E, the maximum debt amount of KRW 4.9 million is KRW 4.9 million; the debtor, based on the contract on September 3, 2013, in order to secure a loan claim of KRW 1.3 million against E; and the debtor completed the registration of establishment of a mortgage on September 4, 2013, based on the contract on September 3, 2013.
B. (1) In order to secure the credit for a loan to E, F completed the registration of creation of a mortgage on July 24, 2012 on the real estate indicated in the separate sheet where the registration of ownership transfer was completed under the name of E, due to the contract on July 24, 2012, the maximum debt amount is KRW 12 million, and the debtor completed the registration of creation of a mortgage on July 24, 2012.
SheB filed an application for voluntary auction with respect to the real estate stated in the separate sheet D with the Suwon District Court in order to obtain the above collateral security right claim, the above court rendered a decision to commence the auction on January 7, 2014 (the comprehensive sale decision: May 12, 2014; hereinafter “instant voluntary auction decision”) and the decision to commence the auction was completed on January 7, 2014.
On the other hand, with respect to the instant voluntary auction case, the execution court designated the completion period to demand a distribution on April 14, 2014, and publicly announced it.
C. (1) On the other hand, on April 22, 2010, Defendant B entered into a lease agreement on a rooftop (hereinafter “instant lease agreement”) among real estate listed in attached Table 2 as indicated in attached Table 2 (hereinafter “the instant lease agreement”) and received the instant lease object from E after Defendant B paid KRW 1.2 million to E as the deposit money. < Amended by Presidential Decree No. 22135, Apr. 22, 2010; Presidential Decree No. 22358, Apr. 22, 2010>
B. The Defendant B’s instant case on February 12, 2013