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1. As to the auction case of B real estate in Incheon District Court Branch B, the above court was prepared on November 24, 2014.
Reasons
1. Facts of recognition;
A. C purchased No. 107 Dong 402 (hereinafter “instant real estate”) on November 14, 2001, and completed the registration of ownership transfer on December 14 of the same year. As to the instant real estate, C created a mortgage with the maximum debt amount of KRW 65,000,000 with the debtor F on December 27, 2006, and the mortgage amount of KRW 195,000,000 with the debtor F on March 13, 207, respectively.
B. As to the instant real estate, polychemical Co., Ltd. made a provisional attachment of KRW 100,000,000 on the claim amount on December 27, 2013, and Kimpo-si on February 6, 2014.
C. On January 22, 2014, the Defendant entered into a lease agreement with C on KRW 20,000,000 for the instant real estate (hereinafter “instant lease agreement”) and completed a move-in report on February 24, 2014, and obtained the fixed date of the lease agreement on May 12, 2014.
E. On April 9, 2014, the National Bank of Korea requested the auction of real estate amounting to KRW 260,000,000 for the claim amount to G of this court, and received voluntary decision on commencement of auction from this court. The Plaintiff acquired the right to collateral security and F loans from the National Bank of Korea during the process of the said auction of real estate.
F. The instant real estate was sold at KRW 185,50,000 in the auction procedure for the said real estate. The auction court, on November 24, 2014, prepared a distribution schedule (hereinafter “instant distribution schedule”) stating that KRW 12,378,510 shall be paid to the Defendant who reported the amount of KRW 182,204,962 to be actually distributed to the lessee of small amount, and KRW 218,810 shall be paid to the Defendant, who is the person who is the right to deliver the pertinent tax, and KRW 169,607,642 shall be paid to the Plaintiff, the mortgagee of the said tax (hereinafter “instant distribution schedule”).
G. Accordingly, the Plaintiff raised an objection to the total amount of dividends of the Defendant on the date of the said distribution, and filed the instant lawsuit on December 1, 2014, which was within seven days thereafter.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 7 (including branch numbers), and Eul.