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1. The defendant among the distribution schedule prepared by the above court on September 26, 2014 in the Busan District Court C real estate compulsory auction case.
Reasons
1. Facts of recognition;
A. With respect to D apartment Nos. 110, 301, 301 (hereinafter “instant apartment”), the notary public for E had commenced the procedure of compulsory auction on October 4, 2013 at the Plaintiff’s request based on the authentic copy of a notarial deed with executory power under No. 141, 2001, which was executed by the notary public for E.
B. On November 16, 2013, the Defendant applied for a payment order for the principal and interest of the loan 56.8 million won against E, and the above payment order was finalized.
C. On September 26, 2014, the execution court set the amount to be actually distributed as KRW 239,902,827 after deducting the execution cost from the sale price and interest of the apartment of this case on the date of distribution. On September 26, 2014, the execution court prepared the distribution schedule to the Defendant, who is a distribution right holder, the Defendant, the distribution right holder, KRW 4,796,514, G, and KRW 4,714,196, KRW 460, KRW 1,560, KRW 1,53,80, KRW 1,205, KRW 845, KRW 1,200, KRW 200, KRW 2096, KRW 740, KRW 1,453, and KRW 1,2045, KRW 1,2084, and KRW 31,384,306, KRW 37,3964,306.
The Plaintiff appeared on the date of distribution of the above auction procedure, and raised an objection to the entire dividend of the Defendant, G, H, I, and J, and filed a lawsuit of demurrer against the distribution of the instant case.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3 and 9, the purport of the whole pleadings
2. Determination as to the cause of action
A. The plaintiff asserts that the distribution schedule of this case should be revised since the plaintiff demanded distribution under the payment order for E even though the defendant did not have the claim for E even though he did not have the claim for E.
On February 17, 201, the defendant lent 50,000 won in cash to K, who is the husband of E, and E is above the defendant on the day.