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1. Of the distribution schedule prepared by the said court on August 12, 2016 with respect to the Jeju District Court B real estate compulsory auction cases.
Reasons
1. Basic facts
A. As to the real estate listed in the separate sheet owned by C, the Defendant completed the registration of creation of a mortgage (hereinafter “registration of creation of a mortgage of each of the instant case”) on April 29, 2004, based on the establishment of a mortgage of the maximum debt amount of March 3, 1998, which was based on the contract executed on March 15, 1997, which was based on the contract executed on March 15, 1998, including the establishment of a mortgage of around 40,000,000.
(Provided, That the right to collateral security shall not be established for one real estate listed in the attached list. (b)
Attached Form
On August 12, 2016, in the auction procedure entered in the list, the court of execution prepared a distribution schedule to distribute the total amount of KRW 39,150,721 to the defendant, who is a mortgagee, who is a right to collateral security (=order 40,000,000 won 110,000 won 4 priority 110,000 won), and to the plaintiff, who is the applicant creditor (the claimed amount KRW 255,924,919), who is the applicant creditor, as a sum of KRW 39,150,721 won, and the plaintiff raised an objection against the total amount of dividends against the defendant.
[Ground of recognition] Unsatisfy, each entry of Gap 1-3 evidence (including a provisional number), and the purport of the whole pleadings
2. The parties' assertion
A. Since the establishment registration of each of the instant claims on the Plaintiff was nonexistent or the secured claim became extinct by prescription, the dividend based on the foregoing right to collateral security is unreasonable.
B. At the time of establishing each of the instant mortgages, the Defendant lent KRW 40,000,00 to C, respectively, and KRW 110,000,000,00, respectively, and thus there exists a cause of the act. As such, the statute of limitations was interrupted since C approved the obligation on May 14, 2005 and January 2, 2012.
3. The judgment is a mortgage established by setting only the maximum amount of the debt to be secured and reserving the determination of the debt in the future (Article 357(1) of the Civil Act), which is established with the aim of securing a certain range of unspecified claims arising from a continuous transaction relationship in the future.