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1. Of the distribution schedule prepared by the said court on August 28, 2018 with respect to the Suwon District Court D's D's auction of real estate.
Reasons
1. Facts of recognition;
A. Suwon-si E apartment F (the exclusive owned area 84.9839m2; hereinafter the instant real estate) was G ownership. On November 16, 2017, a decision to commence voluntary auction (D) was made on November 16, 2017 upon the application of the Defendant, who is a collateral security right, and the sale of the said real estate was completed.
B. Accordingly, on August 28, 2018, the said court prepared a distribution schedule (hereinafter “instant distribution schedule”) for distribution. Under the said distribution schedule, the said court determined the amount of actual distribution of KRW 302,717,264, which remains after deducting KRW 4,209,855 expenses for enforcement from KRW 306,927,119, the amount to be distributed, and determined that the Defendant, a mortgagee, who is the right to collateral security, distributes KRW 297,60,00 to the Plaintiff, a demand for distribution based on the finalized payment order.
C. The Defendant applied for a voluntary auction and received dividends as above based on the right to collateral security (297,600,000 won with the highest claim amount, G, the Defendant, and the Defendant (hereinafter the instant right to collateral security) No. 15 in order with respect to the instant real estate.
On June 29, 2010, the Defendant loaned KRW 248,000,00 to G as a general loan (hereinafter this case’s loan 1), ② loaned KRW 30,000,00 with a self-deposit loan (hereinafter this case’s loan 2), and entered into a mortgage agreement with G on June 21, 2016, and completed the registration of establishment of the instant mortgage on June 29, 2016.
Around July 30, 2018, the Defendant submitted a bond account statement in the foregoing voluntary auction case. A loan No. 238,832,804, interest 48,823,720 won (total amount of KRW 287,656,524), and the loan No. 2 of this case is the principal amount of KRW 30,171,384, interest 6,108,703 (total amount of KRW 36,280,08), total of KRW 269,04,188, interest 54,932,423.
Accordingly, the above auction court held that the sum of KRW 269,04,188, interest 54,932,423 is KRW 323,936,611, and the maximum debt amount is 297,60,600,000, which is the maximum debt amount.