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1. Of the distribution schedule prepared on September 28, 2018 by the same court with respect to the Busan District Court D's D's auction of real estate.
Reasons
1. Facts of recognition;
A. On June 14, 2017, H completed the registration of creation of a neighboring mortgage (hereinafter “instant collateral security”) with respect to F apartment No. 21 G owned by Nonparty E (hereinafter “instant apartment”) under Article 34277 of the Busan District Court’s receipt of the Busan District Court’s Busan District Court’s receipt of the Plaintiff, E, 600,000 for securing the claim against Nonparty E.
B. On December 26, 2017, the Plaintiff: (a) transferred the claim against Nonparty E from H on December 26, 2017; and (b) completed the supplementary registration of the transfer of the instant apartment property as to the instant apartment property under Article 76691, which was received on December 27, 2017; and (c) completed the registration of the establishment of the pledge right to the instant apartment property on December 27, 2017 to the I Co., Ltd. on the ground of the instant contract concluded as of December 26, 2017.
C. On December 11, 2017, H applied for a voluntary auction on the instant apartment, and decided to commence voluntary auction (hereinafter “instant auction procedure”). On September 28, 2018, H prepared a distribution schedule (hereinafter “instant distribution schedule”) stating that the Defendant, as the first priority lessee, KRW 20,000,00, the second priority lessee, KRW 277,890, KRW 336,325,414, and KRW 3,54,45, the Plaintiff distributed the remainder to the third priority mortgagee (applicant).
On September 28, 2018, the Plaintiff raised an objection against the whole amount of dividends to the Defendant on the date of distribution of the instant auction procedure, and filed the instant lawsuit on October 5, 2018, within seven days thereafter.
[Ground of recognition] Facts without dispute, entry of Gap 1, 2, 3 and 9 evidence, purport of the whole pleadings
2. The parties' assertion
A. The plaintiff's main point of the plaintiff's assertion is that the defendant has no right to preferential repayment in the auction procedure of this case as the most lessee for the apartment of this case.