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1. A distribution schedule with the content that added KRW 1,726,461 to the plaintiff among the primary and conjunctive lawsuits in this case.
Reasons
In fact, the Plaintiff extended a total of KRW 166,00,000 to B on November 21, 2013 (i.e., KRW 20,000,000) (i., KRW 146,000,000). As regards the real estate listed in the separate sheet owned by B on the same day (hereinafter “the apartment of this case”), the Plaintiff completed the registration of creation of a mortgage (hereinafter “registration of creation of a mortgage of this case”), which is the debtor B and the Plaintiff as the mortgagee, with regard to the real estate listed in the separate sheet owned by B on the same day (hereinafter “the apartment of this case”).
On April 16, 2015, the Plaintiff filed an application for a voluntary auction of the instant apartment based on the instant collateral security, with the Chuncheon District Court Young-gu Branch C, and received a decision to commence voluntary auction from the said court on April 17, 2015.
On November 3, 2014, the Defendant entered into a lease contract with the deposit amount of KRW 20,000,00 for the apartment of this case, the lease term of which is from November 19, 2014 to November 18, 2016 (hereinafter “lease contract of this case”), completed a move-in report on November 21, 2014, and was granted a fixed date, and applied for a report on rights and a demand for distribution to the auction court on June 12, 2015, when the auction procedure was in progress.
On March 10, 2016, the auction court prepared a distribution schedule (hereinafter referred to as “instant distribution schedule”) that distributes the amount of KRW 176,926,461 to the Defendant, who is a lessee of small claims, in the first priority order, KRW 14,00,000, and KRW 162,926,461 to the Plaintiff, who is the holder of the right to separate settlement, who is the applicant creditor, in the second priority order.
The Plaintiff appeared on the date of distribution, and stated an objection to the total amount of distribution to the Defendant, and filed the instant lawsuit on March 14, 2016.
【Legal basis for recognition】 The descriptions of evidence Nos. 1, 2, 3, 5, 6, and 9, the purport of the entire pleadings, and the primary purport of the case, and whether the claim for additional dividends of KRW 1,726,461, among the conjunctive claims, is lawful or not.
According to Article 154 (3) of the Civil Execution Act, a person who appeared on the date of distribution and raised an objection on the date of distribution shall have one week from the date of distribution.