beta
Text
1. Of the distribution schedule prepared on September 7, 2016 by the same court with respect to the Suwon District Court B’s auction of real estate.
Reasons
1. Basic facts
A. On October 14, 2014, the Plaintiff leased KRW 400,000,00 to C at interest rate of KRW 9.5% per annum and KRW 25% per annum. In order to secure the said loan obligation, C completed the registration of creation of a mortgage with respect to the land and the building No. 1 on the ground thereof (hereinafter referred to as “the said land and the building” together with the instant real estate”).
B. Meanwhile, on October 14, 2014, C completed the registration of creation of the instant real estate with the maximum debt amount of KRW 1,200,000,000,000 with respect to the instant real estate to the Korea C&C, and the debtor C/mortgage and the Korea C&C bank with regard to the instant real estate. On the other hand, C/C applied for voluntary auction to the Suwon District Court B, and the said court rendered a decision to commence voluntary auction on August 27, 2015. In the instant auction, C/C sold the instant real estate to E and F each 1/2 equity interest.
C. On November 16, 2015, the Defendant reported the right and demand for distribution to the Suwon District Court as the lessee of small amount of KRW 20,000,000 of the lease deposit against the fifth floor rooftop of the instant building among the instant real property, and the said court on September 7, 2016.
Of the amount of 1,629,160,300 won to be actually distributed on the date of distribution of the auction case under paragraph (1) to the Defendant, the lessee of small amount of money, KRW 20,00,00, KRW 6,376,880 in Suwon-si, Suwon-si, the holder of the right to deliver, KRW 1,30,000, KRW 27,000 to the lessee G (H) with the fixed date date date date date fixed, KRW 27,000, KRW 146,049,05, KRW 428,434,415 to the Korea Tti Bank, the holder of the first collective security interest, who is the second collective security, shall be the Plaintiff, the holder of the second collective security interest.
(hereinafter “instant distribution schedule”) D.
The plaintiff K raised an objection to the whole amount of dividends of the defendant on the date of the above distribution, and filed the lawsuit of this case on September 12, 2016, which is within seven days thereafter.