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1. A distribution schedule prepared by the above court on August 8, 2019 with respect to the case of a voluntary auction of real estate E by Busan District Court Seo-gu.
Reasons
1. Basic facts
A. On November 12, 2012, with respect to each real estate listed in the separate sheet owned by F (name before the title: G) (hereinafter “instant real estate”), the Plaintiff created, on September 19, 2014, the right to collateral security, the maximum debt amount of which is KRW 4,50,000,000,000,000 for the maximum debt amount of KRW 10,000,000,000 for the debtor, F, and creditor, the right to collateral security, the creditor, and the right to collateral security, the maximum debt amount of KRW 35,00,000,000 on September 29, 2017.
(hereinafter collectively referred to as the "mortgage of this case"). B.
On July 16, 2018, the Plaintiff, the mortgagee of the instant real estate, filed an application for an auction to exercise the security right, and the auction procedure was initiated on July 16, 2018 as Busan District Court Seo- Branch E (hereinafter “instant auction procedure”).
C. In the instant auction procedure, the Defendant filed a report on the right and a request for distribution stating the amount of KRW 20 million as the deposit for lease on August 17, 2018, by asserting that the instant house listed in the [Attachment 2] No. 1993, as the lessee of the instant house (hereinafter “instant house”).
On August 8, 2019, the court of execution prepared the following distribution schedule (hereinafter “instant distribution schedule”) with regard to KRW 23,758,079 of the amount to be actually distributed out of the proceeds of sale of the instant real estate on the date of distribution of the instant auction procedure:
Defendant 11,879,039 (to the extent of 1/2 of the house price) 11,853,959 (the pertinent tax) 3 Plaintiffs 11,853,959 (the mortgagee) in total, 23,758,078 of the applicant creditors (the mortgagee), 23,758,078
E. Accordingly, the Plaintiff appeared on the aforementioned date of distribution, and stated an objection to the entire amount distributed to the Defendant, and filed a lawsuit of demurrer against distribution on August 12, 2019.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3 through 5, and 8, fact-finding results of this court's Hdong community service center, the purport of the whole pleadings
2. The assertion and judgment
A. The defendant alleged by the plaintiff.