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1. A distribution schedule prepared by the said court on May 31, 2016 with respect to the case of D or E (Dual) real estate auction.
Reasons
1. Basic facts
A. On April 6, 2010, Defendant B completed the registration of creation of mortgage (hereinafter “the mortgage of this case”) with respect to the real estate listed in [Attachment List Nos. 1, 3, 4, 6, 7, and 8 as well as F shares (1/2 shares) among the real estate listed in [Attachment List No. 9] on April 5, 2010 on the ground of a mortgage agreement as of April 5, 2010.
B. Defendant C filed an application against F and G for provisional seizure of real estate with the loan claim of KRW 31 million with the Gwangju District Court 2009Kadan8088, the right to preserve the loan claim of KRW 31 million as the preserved right. On July 2, 2009, the above court rendered a provisional seizure order as to the real estate in the separate sheet Nos. 1 through 8 and F shares (1/2 shares) among the real estate listed in the separate sheet No. 9.
C. On January 15, 2015, the Plaintiff and H completed the registration of ownership transfer on November 19, 2014 with respect to 1/2 shares among each real estate listed in the separate sheet (hereinafter “each of the instant real estate”).
(1) As to each of the instant real estate, a voluntary decision on commencement of auction (D) on March 20, 2015 and a decision on commencement of compulsory sale (D) on December 17, 2015, respectively, was made on March 20, 2015 upon the request of I, a mortgagee of a right to collateral security and a provisional seizure creditor, and the auction procedure was in progress.
(2) On May 31, 2016, on the date of distribution of the instant auction procedure, the execution court prepared a distribution schedule with the content of distributing dividends to Defendant B and Defendant C, the mortgagee, as shown in the following table. On the said date of distribution, the Plaintiff stated an objection against each of the Defendants’ respective distributions on the said date of distribution, and filed a lawsuit of demurrer against distribution on June 3, 2016.
Creditors with priority in distribution 2 C 31,00,000 provisional seizure creditors with 31,00,000,0000,959,080 31.5% 2 C 31,000,000 provisional seizure creditors with 31,000,959,033 54.71% 2 B 823,515,068 mortgagees 50,00,000,000,332,176, 7516.4% 4% 4379,2333 of the mortgagee's 54.71%