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1. With respect to the case of the Seoul Southern District Court E real estate auction F (Dual) and G (combined) auction, the same court on August 9, 2019.
Reasons
1. Facts of recognition;
A. On March 15, 2018, the Plaintiff entered into a mortgage agreement with the debtor C on the real estate listed in the separate sheet (hereinafter “instant real estate”) with the Plaintiff, the debtor C, and the maximum debt amount of KRW 405,00,000 on the same day, and completed the registration of the establishment of the mortgage on the same day. On March 26, 2018, the Plaintiff entered into a mortgage agreement with H Co., Ltd on the collateral amount of KRW 315,900,000 with the claim amount of KRW 315,90,000, and completed the additional registration of the establishment of the mortgage on the ground of the said pledge agreement on the same day. On April 30, 2018, the Plaintiff entered into a supplementary registration of the modification on the ground of the agreement to change the claim amount from KRW 315,90,000 to KRW 405,00,000.
B. In addition, on April 12, 2018, the Plaintiff concluded a mortgage agreement with the debtor C regarding the instant real estate with the Plaintiff, the debtor C, the maximum debt amount of 90,000,000 won, and completed the registration of the establishment of the mortgage on the same day. On April 30, 2018, the Plaintiff concluded a mortgage agreement with H Co., Ltd. on the amount of 70,200,000 won of the claim, and completed the additional registration of the pledge on the ground of the said pledge agreement on the same day.
C. On June 5, 2019, the instant real estate was sold in the voluntary auction procedure for real estate E, G, and F (Dupl).
On August 9, 2019, the executing court of the said voluntary auction procedure prepared a distribution schedule (hereinafter “instant distribution schedule”) with the content that the amount of KRW 2,205,736,475 to be actually distributed in the distribution procedure (hereinafter “instant distribution procedure”) was distributed in the same manner as the distribution schedule in the attached Form.
E. The Plaintiff appeared on the aforementioned date of distribution, and thereafter raised an objection as to the dividend amount to the Defendants, and filed a lawsuit of demurrer against the Defendants on August 16, 2019 against the Defendants.
The Defendant, as the amount of the other party’s objection to the distribution, KRW 20,000,000,000,000.