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1. Of the distribution schedule prepared on February 5, 2016 by the above court with respect to the Busan District Court C real estate auction case.
Reasons
1. Basic facts
A. On December 18, 2014, on December 18, 2014, the registration of creation of a neighboring mortgage (hereinafter “registration of creation of a neighboring mortgage”) by the debtor E Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) was completed on the following grounds: (a) the maximum debt amount of KRW 200 million on the ground of a mortgage contract on December 8, 2014; and (b) the debtor Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) with respect to the registration of establishment of a neighboring mortgage (hereinafter “registration of establishment of a neighboring mortgage of this case”).
B. After the Defendant’s request, on July 2, 2015, the procedure for the auction of real estate (hereinafter “instant auction procedure”) was commenced with the Busan District Court C. On the date of distribution on February 5, 2016 of the instant auction procedure, and on the date of distribution on the date of actual distribution, 310,071,371, the amount to be distributed to the Plaintiff (the pertinent tax), the amount of KRW 512,650, the total amount of which is the amount of credit, and KRW 120,174,680, the sum of which is the amount of credit, and KRW 120,174,680, the sum of which is the amount of credit, and KRW 189,384,041, each of which was paid by the Defendant as the applicant creditor (the mortgagee).
C. The Plaintiff appeared on the date of the foregoing distribution, and stated an objection to the full amount of the Defendant’s dividend, and filed the instant lawsuit on February 11, 2016.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 3 and 4, the purport of the whole pleadings
2. The plaintiff alleged in the plaintiff, although he did not conclude a contract to establish a mortgage on the instant real estate with the defendant, the defendant forged the registration-related documents, using the plaintiff's certificate of personal seal impression, and completed the registration of the establishment of a mortgage on the instant real estate. Thus, the registration of the establishment of a mortgage on the instant real estate was invalid, and therefore, the registration must be deleted because the money distributed to the defendant in the auction procedure of this case was unfair based on the invalid mortgage.