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1. It was concluded on November 21, 2018 between D and Defendant B as to each real estate listed in the separate sheet.
Reasons
1. Facts of recognition;
A. On June 21, 2011, the Plaintiff filed a lawsuit against D seeking the payment of a loan (Seoul Central District Court 201Dada1748078). On August 31, 2011, the said court rendered a judgment that “D shall pay to the Plaintiff the amount of KRW 45,242,627 and the amount of KRW 10,524,452 per annum for the amount of KRW 19% per annum from June 17, 2011 to the date of full payment,” which was finalized on September 23, 2011.
D's loan obligations against the plaintiff as of July 22, 2019 are KRW 61,442,498.
B. As the Plaintiff was not paid the loan, D and F shares of September 11, 2018 are 1/2 shares, respectively.
As to each real estate listed in the separate sheet of [Attachment] (hereinafter “instant real estate”), the Changwon District Court applied for a compulsory auction (hereinafter “instant auction”) against the real estate E with the Jinwon District Court Jinju Branch, and on the same day, the above compulsory auction decision was completed on the registry book of the instant real estate.
C. On November 22, 2018, regarding the instant real estate, the registration of creation of a neighboring mortgage (hereinafter “registration of creation of a neighboring mortgage”) with the debtor D, the mortgagee as the Defendants, the maximum debt amount of which is KRW 90,000,000, was completed.
At the time of the completion of the registration of the establishment of the neighboring mortgage of this case, D was insolvent.
E. On May 27, 2019, when the instant auction procedure was in progress, the highest court rendered a decision to permit the sale of the instant real estate, and on June 24, 2019, D’s 1/2 shares were transferred from the successful bidder G, and on the same day, the purpose of registering the creation of the instant neighboring mortgage in the name of the Defendants was changed from D’ 1/2 shares to F’s 1/2 shares.
Accordingly, the registration of the establishment of a mortgage in the nearest area of this case with D as the debtor was cancelled.
F. On July 22, 2019, the date of distribution of the instant auction procedure, the distribution schedule stating that the Defendants and the Plaintiff, as the applicant creditors with the same order of priority, shall be KRW 5,347,657, and that the Defendants shall distribute KRW 3,916,582, respectively, as the mortgagee (hereinafter “instant distribution schedule”).