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1. It was drawn up by the above court on May 20, 2014 with respect to the senior auction of real estate C in Gyeyang-gu District Court.
Reasons
1. Facts of recognition;
A. 1) Nonparty National Agricultural Cooperative Federation (hereinafter “Nonindicted Bank”), including the preparation of a distribution schedule
2) The apartment of this case (hereinafter “the apartment of this case”) No. 507, No. 2402 in the case of Pakistan owned by Nonparty D.
(1) On October 22, 2010, the maximum debt amount shall be KRW 354,744,000, and the debtor shall register the creation of a neighboring mortgage (hereinafter referred to as “instant collateral security”) with Nonparty D as the registry office of Goyang-gu District Court, Goyang-do, the High Branch of the District Court on October 22, 2010, received on October 22, 2010 as the grounds for registration.
(2) On the other hand, Nonparty F purchased the instant apartment from Nonparty D on September 19, 2012. (2) Nonparty F applied for a voluntary auction on the instant apartment based on the instant collateral security, and on October 4, 2013, on which October 4, 2013 had the auction procedure following the said voluntary decision to commence auction (hereinafter “instant auction procedure”).
3) The Plaintiff is a specialized securitization company under the Asset-Backed Securitization Act. Since the commencement of the instant auction procedure, the Plaintiff acquired the claim secured by the instant collateral security from the non-party bank after the commencement of the auction procedure. 4) Of the amount of KRW 330,931,031 to be distributed to the non-party bank on May 20, 2014, the Jung-gu District Court set up a distribution schedule (hereinafter referred to as the “instant distribution schedule”) with the content that: (a) each of the amount of KRW 14,00,00 equivalent to the deposit for small amount of lease recognized as the priority repayment pursuant to the Housing Lease Protection Act was claimed as the lessee for the instant apartment; and (b) the Defendants who claimed the distribution of KRW 302,265,511 to the Plaintiff, a creditor under the instant collateral security (hereinafter referred to as the “instant distribution schedule”).
5) The Plaintiff appeared on the aforementioned date of distribution, and raised an objection to the entire amount distributed to the Defendants, and filed a lawsuit of demurrer against the distribution on May 26, 2014. (B) Defendant A and Defendant A.