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1. Claim for the cancellation of the registration of the establishment of the principal claim and the conjunctive claim.
Reasons
1. Basic facts
A. As to each of the real estate listed in the separate sheet owned by B (hereinafter “each of the instant real estate”), on June 19, 2013, on the application of Nonparty C Co., Ltd. (former amendment: S&P Co., Ltd.; hereinafter “Nonindicted Co., Ltd.”) that acquired a claim on the collateral security from Nonparty D, the auction procedure was initiated on June 19, 2013, and on the other hand, on the real estate listed in paragraph (3) of the separate sheet, the auction procedure was initiated on June 26, 2013 at Nonparty E’s request.
(hereinafter “instant auction procedure”). B.
On October 7, 2011, each of the instant real estate at the time was registered as the establishment of a mortgage (hereinafter “mortgage”) with the maximum debt amount of KRW 75,00,000,000, the debtor B, and the mortgagee B, on the ground of a contract to establish a mortgage (hereinafter “mortgage”) on October 7, 201, and the establishment of a mortgage on the basis of the contract to establish a mortgage on the basis of the contract on May 12, 201, the maximum debt amount of KRW 40,000,000, the debtor, B, and the Plaintiff as the Plaintiff was completed, respectively.
C. On May 12, 2014, Nonparty G seized the claim against the Defendant for the amount of KRW 40,000,000 as agreed upon as of July 2, 2013 against the Defendant as the preserved claim, and the Defendant’s claim for dividends to be distributed in the instant auction procedure based on the instant collateral security ( Mineju District Court 2014Kadan2342), and the said provisional attachment ruling was served on the Republic of Korea, the garnishee, the same day.
In the instant auction procedure on September 11, 2014, the registration of the establishment of each of the instant real estates was cancelled on September 25, 2014, and the auction court prepared a distribution schedule (hereinafter “instant distribution schedule”) that distributes KRW 52,107,851, the amount to be actually distributed on January 8, 2015, as follows:
1 Order 1: E 5,193,00 won by the applicant creditor.