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1. Of the dividend table prepared by the above court on October 8, 2014 with respect to the auction of real estate B in Incheon District Court.
Reasons
1. Basic facts
A. On December 14, 2010, the Plaintiff entered into a loan transaction agreement with E as follows, and completed the registration of creation of a neighboring mortgage, which constitutes a maximum debt amount of 169,000,000, with respect to “Yancheon-gu, Incheon Metropolitan City D No. 401” (hereinafter “instant real estate”) owned by E on the same day in order to secure the repayment of the said loan.
(1) Loan subjects: 130,000,000 won for household loan. (3) The starting date of loan: December 14, 2010.
E paid interest on the above loans that should be paid monthly until October 24, 2013, and delay in repayment of principal due date. Accordingly, upon applying for the auction of real estate rent based on the right to collateral security of the instant real estate, on February 3, 2014, the auction procedure (hereinafter “instant auction procedure”) began.
C. In the instant auction procedure, the Defendant: (a) around February 20, 2014; (b) around October 21, 2013, leased the instant real estate from E to KRW 28,000,000; and (c) filed a move-in report on the same day; and (d) filed a report on the right and demand for distribution as a lessee of a small amount under the Housing Lease Protection Act.
On October 8, 2014, among the amount to be actually distributed on the date of distribution of the auction procedure of this case, a distribution schedule of KRW 22,00,00,00 against the defendant was prepared in order 150,584,950, the mortgagee [i.e., interest of KRW 130,00,000,00 as principal amount] against the plaintiff [i.e., interest of KRW 130,584,950] who is the mortgagee [i., interest of KRW 20,584,950] of the second priority to distribute the remainder of KRW 80,807,868 (hereinafter “instant distribution schedule”).
E. The Plaintiff appeared on the aforementioned date of distribution, and stated an objection against the Defendant’s dividend, and filed a lawsuit of demurrer against distribution on October 15, 2014, which was within one week thereafter.