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1. The same applies to the Changwon District Court C real estate auction and D (combined) real estate auction.
Reasons
1. Basic facts
A. On September 23, 1997, Defendant A completed the registration of the establishment of a collateral security (hereinafter “mortgage 1”) based on the contract to establish a contract on September 19, 1997 with respect to each real estate listed in the list of real estate (hereinafter “real estate 1”) on September 23, 1997, as well as the maximum debt amount of 30 million won, and E on September 19, 1997, and E completed the registration of ownership transfer on September 21, 2015 with respect to 1/3 shares of the real estate 1/3, as inheritance on February 24, 2012.
B. On May 7, 2003, Defendant B completed the registration of creation of a collateral security (hereinafter “mortgage 2”) based on the contract to establish a contract on May 2, 2003, which became the debtor F, with respect to each of the real estate listed in the list of real estate (hereinafter “second real estate”) on May 2, 2003, and Nonparty B completed the registration of transfer of ownership on February 24, 2012, with respect to 1/3 shares out of the second real estate on September 21, 2015.
C. On August 31, 2012, the Plaintiff filed an application with the Seoul Western District Court for a payment order as Seoul Western District Court No. 2012 tea43000, and on August 31, 2012, the Plaintiff received a decision from the same court that “E shall pay to the Plaintiff 32,094,491 won and the amount calculated by the rate of 18% per annum from March 29, 2001 to July 24, 2002; 25% per annum from the next day to the delivery date of the original copy of the payment order; and 20% per annum from the next day to the date of full payment.” The said decision was finalized on October 27, 2012.
On October 31, 2016, the auction court distributed KRW 50,200,00 to Defendant A, a mortgagee, and KRW 10,000,00 to Defendant B, a mortgagee, in the order of priority on October 31, 2016, in Changwon District Court C real estate auction, D (combined) real estate auction, which is proceeding with respect to real estate Nos. 1 and 2, and prepared a distribution schedule (hereinafter “instant distribution schedule”) with the content that the Plaintiff, the applicant creditor, did not distribute dividends to the Plaintiff. The Plaintiff raised an objection against the total amount of dividends to the Defendants, and filed the instant lawsuit on November 2, 2016.
【Ground of recognition】 There is no dispute.