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1. The distribution schedule prepared on September 5, 2019 by the said court with respect to the Suwon District Court C’s auction of real estate.
Reasons
1. Facts of recognition;
A. Suwon District Court C (hereinafter “instant auction”)’s summary auction real estate: The obligor G (hereinafter “instant apartment”)’s owner: D (hereinafter “H”)’s holder who is paid for the transfer of ownership based on a trust from G on February 23, 2017: H (hereinafter “H”) - The obligor G, who was established on October 21, 2016, G, the maximum debt amount of KRW 365,300,000 won (hereinafter “first-mortgage”) and the maximum debt amount of KRW 19,20,000 won (hereinafter “second-mortgage”); each of the above collateral is commenced upon the application of H on November 21, 2018.
B. H obtained each of the instant collateral security rights to secure the claim for loans to G. On December 14, 2018, H transferred the claim for loans to the Plaintiff, and transferred each of the instant collateral security rights to the Plaintiff.
C. On January 30, 2019, the Defendant leased part of the instant apartment with the following contents at the instant auction procedure, and reported the right as a small lessee and made a demand for distribution.
A lessor: D lessee on March 26, 2018: The lease object of the instant apartment on March 26, 2018: The lease period of KRW 20 million (payment on August 25, 2018): March 30, 2018 to March 30, 2018.
On September 5, 2019, the auction court prepared a distribution schedule (hereinafter “instant distribution schedule”) that distributes to the Plaintiff KRW 20 million among KRW 413,045,050, the amount to be actually distributed to the Defendant, KRW 315,271,431, and KRW 76,469,279, to the second mortgagee (order 4).
The secured obligation of the second mortgage is KRW 93,651,061.
E. On the date of distribution, the Plaintiff raised an objection against KRW 17,181,782 (=93,651,061 - 76,469,279) out of the Defendant’s dividend amount, and filed the instant lawsuit within seven days thereafter.
【Ground of recognition】 There is no dispute.