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1. It is prepared by the said court on December 17, 2014 with respect to a compulsory auction case against B real estate in the Changwon District Court through the Changwon District Court.
Reasons
1. Basic facts
A. D, with the trade name of “C”, engaged in the mining processing business, completed the registration of transfer of ownership by the Changwon District Court No. 34065 on October 8, 1981, with respect to the land of this case 608 square meters (hereinafter “instant land”).
B. In order to secure this, the Defendant completed the registration of establishment of the right to collateral security (hereinafter “mortgage”). No. 1709, Feb. 7, 1986, the maximum amount of debt amount of the instant land was KRW 9.5 million, D with the debtor, and the mortgagee as the defendant.
C. On August 24, 2006, the Plaintiff filed an application for a payment order (hereinafter “instant payment order”) stating that “F and G jointly and severally paid to the Plaintiff the amount of KRW 26,714,792 and KRW 25,76,712 per annum from December 29, 2005 to the date of full payment” (hereinafter “the instant payment order”). The instant payment order became final and conclusive as it is without any objection by the debtor.
D The F, a child of D, completed the registration of ownership transfer on September 27, 2013, No. 24791, which was received on September 27, 2013, for inheritance by consultation and division.
E. The Plaintiff, a creditor of F, was ordered to commence a compulsory auction (hereinafter “instant auction”) with respect to the instant land through zero-Support B, and reported the amount of the claim to KRW 29,748,686 [=11,428,701 (principal) (interest) 18,319,985)].
F. On December 17, 2014, on the date of distribution according to the instant auction procedure, a distribution schedule was formulated that distributes the amount of KRW 9.5 million to the Defendant, a mortgagee, and KRW 20,286,046 to the Plaintiff, a creditor based on the instant payment order (hereinafter “instant distribution schedule”).
G. On the date of the above distribution, the Plaintiff raised an objection to the full amount of the said dividend to the Defendant, and filed the instant lawsuit on December 19, 2014.
[Grounds for recognition] between the parties.