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1. Of the distribution schedule prepared by the original district court on November 28, 2018 with respect to A real estate auction cases.
Reasons
1. There is no dispute over basic facts, or comprehensively taking account of the overall purport of the pleadings in the evidence Nos. 1 and 4, the auction price of real estate A in Changwon District Court was paid in full by the successful bidder on October 29, 2018 on the real estate B owned by the debtor, and on the date of distribution on November 28, 2018, the court below acknowledged the fact that the plaintiff paid KRW 58,740,660, out of the amount to be actually distributed out of the sale price of the real estate on the date of distribution on November 28, 2018 to the Korea Workers' Compensation and Welfare Corporation, the person holding the provisional seizure right, and KRW 1,362,190, to the Korea Workers' Compensation and Welfare Corporation, the applicant creditor, and KRW 217,67,666,666, out of the amount to be actually distributed to each of the defendant's dividends to the Korea Electric Power Corporation.
2. Determination on the cause of the claim
A. The Defendant’s electric utility charge claim existed at the time when the instant right to collateral security was extinguished by the successful bidder’s payment of the successful bid price. Since it is apparent that the Defendant’s electric utility charge claim was incurred after the date of distribution on November 28, 2018, it is not included in the secured claim of the instant right to collateral security.
Therefore, it is improper to distribute dividends to the defendant who has been extinguished all of the secured debt.
B. In the event that the mortgagee did not request a auction of the mortgaged real estate but other creditors filed a request for auction of the mortgaged real estate, the secured debt of the relevant mortgaged real estate is determined when the successful bidder paid full payment of the successful bid price (see, e.g., Supreme Court Decision 9Da26085, Sept. 21, 199). Once the secured mortgage becomes final and conclusive, the secured debt of the relevant mortgaged real estate is no longer secured by the mortgaged real estate.
In full view of the contents of evidence No. 5, evidence No. 13, and evidence No. 14, the defendant is in the auction procedure.