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1. Of the distribution schedule prepared on June 5, 2013 by the above court with respect to the Busan District Court C real estate auction case.
Reasons
1. Facts of recognition;
A. On January 11, 201, the Plaintiff: (a) issued and delivered a loan certificate to the Defendant that “the Plaintiff borrowed KRW 100 million from the Defendant on a monthly basis and on April 12, 2011 (hereinafter “the instant loan”); (b) received a total of KRW 85,740,000 in the Defendant’s mother D and father E on the same day; and (c) received, as security for the instant loan, KRW 215 square meters in Busan, Seo-gu, Busan (hereinafter “the instant real estate”) owned by the Defendant as the Busan District Court, Busan District Court No. 814, Jan. 11, 201, the maximum debt amount of KRW 10,000,000 (hereinafter “mortgage 1”) and the Busan District Court, Seo-gu, Busan District Court, as the registration office of creation of a mortgage (hereinafter “the maximum debt amount of KRW 100,000,000) and KRW 213,000,000.
B. From March 3, 2011 to June 19, 2012, the Plaintiff paid to the Defendant a total of KRW 50 million (12) interest on the instant loan, and thereafter did not pay interest. On July 18, 2012, the Defendant applied for an auction of the instant real estate and the instant G land to Busan District Court C based on the instant No. 1 and 2-mortgage, and the said court rendered a voluntary decision to commence the auction on July 19, 2012.
On the other hand, on May 23, 2013, the above court revoked the voluntary decision to commence auction on the above G land, and accordingly, on June 10, 2013, the registration of cancellation of the voluntary decision to commence auction was completed.
C. During the said voluntary auction procedure, the executing court prepared a distribution schedule with the content that distributes dividends in the amount of KRW 321,429,122 deducting KRW 4,08,220 as execution expenses from the amount to be distributed by opening the date of distribution on June 5, 2013, 317,340,902 as the actual amount to be distributed as follows:
(hereinafter “instant dividend table”). The creditor, the National Health Insurance Corporation, Busan Bank, Busan Bank, the Plaintiff.