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1. Of the distribution schedule prepared on March 5, 2013 by the above court with respect to the case of the voluntary auction of real estate E by the Seoul Southern District Court.
Reasons
1. Basic facts
A. As to the real estate listed in the separate sheet owned by F (hereinafter “instant real estate”), the provisional attachment registration was completed with regard to ① the debtor F, Defendant C, 770,000,000 won for the establishment of a collateral security (hereinafter “mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-based claim amounting to KRW 376,50,000,000 for the Plaintiff A’s claim amount, and KRW 107,00,000 for the Plaintiff B’s claim amount) on the ground of the “contract-based on November 14, 2011,” the same registry office: (a) registered the establishment of a collateral security as the debtor F, Defendant C, 70,000,000 won for the establishment of a collateral security (hereinafter “mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-based claim amounting to KRW 376,500,000,000).
④ Moreover, on February 15, 2012, at the same registry office’s receipt on February 15, 2012, additional registration of the right to collateral security (hereinafter “registration of the instant right to collateral security”) was completed with regard to the instant right to collateral security (hereinafter “registration of the instant right to collateral security”).
B. Defendant D applied for an auction to exercise the security right to the instant real estate on the basis of the instant collateral security.
Accordingly, on March 21, 2012, Seoul Southern District Court E rendered a voluntary decision to commence the auction of the instant real estate, and the auction procedure (hereinafter “instant auction procedure”) was conducted for the instant real estate.
Meanwhile, on March 22, 2012, the Plaintiffs were forced to commence compulsory auction on the instant real estate as Seoul Southern District Court H.
C. In the instant auction procedure, the auction court opened the date of distribution on March 5, 2013, and held the date of distribution to “the person holding the provisional seizure and the right to demand a distribution,” and KRW 77,338,080 to Plaintiff A, and KRW 21,979,218 to Plaintiff B, respectively.