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1. Of the dividend table prepared by the above court on September 10, 2015 with respect to the auction of the real estate B in Incheon District Court.
Reasons
1. Basic facts
A. The provisional registration of the Defendant’s right to claim ownership transfer (hereinafter “instant provisional registration”) was completed on March 28, 201 with respect to each real estate listed in the separate sheet of real estate (hereinafter “each of the instant real estate”), which was owned by the Defendant C, as the receipt No. 2193 on March 28, 2011, by the Seocheon-gu District Court, Seocheon-gu, Incheon District Court’s Office of Registration of Transfer of Ownership (hereinafter “instant provisional registration
B. Seoul Mutual Savings Bank Co., Ltd. (hereinafter “Seoul Mutual Savings Bank”) was a creditor C with a claim amounting to KRW 500,000,000 on August 21, 2013, and the provisional attachment order for each real estate listed in [Attachment] Nos. 1 and (3) was issued by Seoul Central District Court 2013Kadan61631, and completed the entry registration on the same day.
C. The Seoul Savings Bank was declared bankrupt on September 26, 2013 by Seoul Central District Court 2013Hahap139, and the Korea Deposit Insurance Corporation was appointed as the trustee in bankruptcy of the Seoul Savings Bank on the same day.
(hereinafter referred to as “Plaintiffs” in the Seoul Savings Bank and the trustee in bankruptcy for convenience.
1) On October 24, 2014, when the bank, which is the mortgagee of the right to collateral security regarding each of the instant real estate, filed an application for an auction to exercise the right to collateral security, the auction procedure on each of the instant real estate was initiated on October 24, 2014 (In Incheon District Court B; hereinafter “instant auction procedure”).
(2) In the instant auction procedure, the Defendant asserted that the instant provisional registration for collateral security constituted a provisional registration for securing a loan claim against C, and submitted a claim statement containing KRW 300,00,000 as a loan claim against C from May 30, 2009 to July 14, 2014; and KRW 410,547,930 as a total of KRW 710,547,930, the amount of interest calculated at the rate of 25% per annum from July 15, 2014 to January 5, 2015.
3 Court of execution shall take September 10, 2015.