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1. A distribution schedule prepared on November 20, 2015 by the said court with respect to a compulsory auction case of real estate;
Reasons
1. Basic facts
A. The Plaintiff (former Korean Exchange Bank) has a claim of KRW 63,879,920 in total of KRW 47,887,560 in principal and interest KRW 15,92,360 in respect of Nonparty E (However, the amount claimed for provisional seizure is KRW 59,727,478 in total).
B. Defendant A, the husband of E, filed an application for a payment order claiming a loan of KRW 490,000,000 and damages for delay (Seoul District Court Decision 2014Guj2626), and the payment order was finalized on October 21, 2014 upon receipt of the same payment order on October 21, 2014. Defendant B, the wife of E, filed an application for a payment order claiming a loan of KRW 180,000,000 and damages for delay against Defendant B (Seoul District Court 2014j3276, Gwangju District Court 2014), and the payment order became final and conclusive on February 24, 2015 upon receipt of the same payment order on December 31, 2014.
C. On February 13, 2015, the Korea Credit Guarantee Fund filed an application for a compulsory auction of real estate (water sources court C, D (Duplicate) with respect to G apartment 177 Dong 1601, G apartment in the Suwon-si District owned by E on February 13, 2015, and on February 16, 2015, the said court received a compulsory auction decision.
At the above auction procedure, the court of execution prepared the distribution schedule of this case to distribute 22,79,620 won to the Korea C&T Bank Co., Ltd. (the applicant-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-holder), 109,135,620 won to the Korea Credit Guarantee Fund (applicant-mortgage-mortgage), 47,82,885 won to the defendant B, 38,69,363 won to the plaintiff (person entitled to demand distribution), 11,085,706 won to the plaintiff (person entitled to provisional seizure), and 3,143,942 won to the Han Card Co., Ltd. (the person entitled to provisional seizure).
E. On the date of the above distribution, the Plaintiff raised an objection against KRW 35,908,618 out of the amount of dividends against Defendant A, and KRW 12,733,154 out of the amount of dividends against Defendant B, and filed the instant lawsuit on November 27, 2015, which was within one week thereafter.
[Ground of recognition] There is no dispute.