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1. Defendant among the distribution schedule prepared on November 24, 2014 by the said court with respect to the auction of real estate B by the Changwon District Court.
Reasons
1. On December 24, 2012, C entered into a mortgage agreement with Defendant A on the real estate indicated in the separate sheet owned by Defendant A (hereinafter “instant real estate”) with the debtor C, the maximum debt amount of KRW 20,000,000 with respect to the instant real estate, and completed the registration of establishment of a mortgage near the same day.
In the Changwon District Court B’s auction procedure for the instant real estate (hereinafter “instant auction procedure”), on November 24, 2014, the court distributed KRW 274,195,710 to Defendant A the amount to be actually distributed out of the proceeds of sale of the said real estate on the date of distribution as follows, as to KRW 10,158,590, and set up and distributed a distribution schedule that did not distribute to the Plaintiff, who is a person holding a provisional attachment.
With respect to 1 Kimhae-si, 747,120 won, 717,120 won, 190% 2D 2D 190,000 won, 190,000 won, 3 Kimhae-si, 327,900 won, 327,900 won, 327,900 won, 100 won, 222,50,050 won, 500 won, 222,50,050 won, 500 won, 205, 100 won, 327,900 won, 900 won, 205, 100 won, 50,000 won, 50, 100%, 50,000 won, 50%, 186, 808, 196, 2008 won, 2008 won, 506, 2018.6
On December 24, 2012, the Plaintiff filed a lawsuit seeking revocation of a fraudulent act with respect to the contract to establish the right to collateral security concluded regarding the instant real estate on December 24, 2012 (Seoul District Court 2013Da45689), and the court rendered a judgment that the aforementioned contract to establish the right to collateral security was revoked as a fraudulent act on January 27, 2015, and the said judgment became final and conclusive between the Plaintiff and the Defendant around that time.
[Grounds for Recognition]
2. In the instant auction procedure to determine, the instant case’s distribution to Defendant A was the cause of the instant auction procedure.