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1. He/she shall prepare on October 29, 2015 with respect to the auction case of real estate A in the Suwon District Court Suwon District Court.
Reasons
1. Facts of recognition;
A. On October 29, 2015, the said court prepared a distribution schedule to distribute the amount of KRW 9,156,140 to the Defendant (the transferee of the Bank) who is the applicant creditor (the mortgagee) and did not distribute to the Plaintiff the amount of KRW 9,156,140, which was conducted with respect to Pyeongtaek-si B 304 square meters (hereinafter “the instant real estate”).
B. The Plaintiff was present on the date of distribution of A real estate auction case, the Eunpyeong District Court, Suwon District Court, the Seoul District Court (Seoul District Court 2014Kadan81129, the claimed amount of KRW 332,265,000), and raised an objection against the total amount of dividends to the Defendant among the distribution schedule, and filed the instant lawsuit within one week thereafter.
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. Determination on the cause of the claim
A. The distribution schedule should be revised to distribute the amount of dividends to the plaintiff in the distribution procedure of this case, as the defendant alleged by the plaintiff to demand a distribution in the distribution procedure of this case had already been repaid by the defendant.
B. In light of the facts without dispute, Gap evidence Nos. 1 through 4 and Eul evidence Nos. 10-2, the Industrial Bank of Korea established the right to collateral security on September 30, 201 and lent KRW 800,000,000 to C. The defendant acquired the status of the applicant creditor and the person holding the right to collateral security from the Industrial Bank of Korea while conducting the auction procedure on real estate of this case. The above amount of loan claim KRW 800,000,000, which was established the right to collateral security as joint collateral, was conducted voluntarily auction procedure to Busan District Court E with regard to the land and buildings of this case, Busan District Court E. The defendant received KRW 800,000,000,000 and interest calculated at the rate of 11% per annum from July 2, 2014, and paid KRW 113,315,068,313,915,38,3106.