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1. In the Seoul Central District Court C’s auction of real estate, the distribution schedule prepared by the same court on April 16, 2015.
Reasons
1. Basic facts
A. D owned the non-story 101 (hereinafter “instant real estate”) in Gwanak-gu, Seoul Special Metropolitan City, and concluded a mortgage contract with the amount of KRW 117,00,000 on May 21, 2013, which was determined as the mortgagee of the right to collateral security, and completed the registration of the establishment of the neighboring mortgage on May 22, 2013.
B. On December 4, 2014, the CoM Asset Management Loan Co., Ltd. (hereinafter “CoM Asset Management Loan”) acquired by transfer of the right to collateral security from the Undong Community Depository, and completed the supplementary registration of the transfer of collateral security regarding the instant real estate on the same day.
C. On December 4, 2014, the Gyeyang Savings Bank Co., Ltd. (hereinafter “Yyang Savings Bank”) established a pledge right as to the right to collateral security on the CM asset management loan, and completed the registration of establishment of a pledge right on the instant real estate on the same day.
D On November 21, 2013, regarding the instant real estate, D concluded a mortgage contract with the amount of KRW 49,00,000,000, which was determined as the mortgagee of the right to collateral security, and completed the establishment registration near the same day.
E. On January 19, 2015, the Plaintiff acquired by transfer from F the right to collateral security from F, and completed the supplementary registration of the transfer of collateral security on January 21, 2015.
F. On July 14, 2014, the Defendant filed an application for voluntary auction on the instant real estate, and the Seoul Central District Court C voluntarily decided to commence auction on July 14, 2014
G. On April 16, 2015, the auction court, as the first lessee to the Defendant, drafted a distribution schedule of KRW 25,000,00 as the first lessee to the Defendant, and distributed KRW 103,510,114 to the Gyeyang Savings Bank as the second pledgee of the second collective security (hereinafter “instant distribution schedule”).
H. On April 16, 2015, the Plaintiff raised an objection to the entire amount of dividends of the Defendant on the date of distribution, and filed the instant lawsuit on April 22, 2015.
On the other hand, a creditor's transfer of the CM assets management loan raised an objection to KRW 12,801,804 out of the amount of dividends against the defendant.