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1. Of the dividend table prepared by the above court on February 28, 2014 regarding the auction of the real estate B in Incheon District Court.
Reasons
1. Basic facts
A. On March 2, 2012, the Plaintiff’s claim against C extended KRW 105,00,000 to C, and for the purpose of securing the mortgage, the Plaintiff established the right to collateral security of KRW 136,50,000 with respect to the fourth floor D No. 404 (hereinafter “instant real estate”) owned by C, Seo-gu Incheon District Court, Seocheon-gu, Incheon District Court (hereinafter “Seoul District Court”). On the same day, the Plaintiff completed the registration of the establishment of a neighboring mortgage as of March 2, 2012.
B. Since February 4, 2013, C delayed the payment of interest on loans to the Plaintiff. On May 14, 2013, 2013, at the request of the Plaintiff, who is a mortgagee, the Incheon District Court B started the voluntary auction procedure on the instant real estate.
C. On June 14, 2013, the Defendant: (a) entered into a lease contract with the court of auction; (b) on March 6, 2012, between C and C, setting the lease deposit amount of KRW 25,00,000; and (c) from March 30, 2012 to March 30, 2014; (c) completed the move-in report and the fixed date on April 2, 2012; and (d) filed an application for a report on rights and a demand for distribution with respect to the instant real estate as a legitimate lessee who is transferred the instant real estate from March 30, 2012.
On February 28, 2014, on the date of distribution opened on February 28, 2014, the distribution schedule was prepared to distribute KRW 22,00,000, and KRW 133,640 to the Incheon Seo-gu, Incheon, which is the holder of the second priority (relevant tax). The remaining KRW 59,918,752 to the issuing authority, who is the holder of the third priority, is divided into KRW 231,902, KRW 59,47,292, and KRW 209,558, respectively, in the Incheon, which is the holder of the distribution authority, the distribution schedule was prepared. The Plaintiff appeared on the said date of distribution and stated an objection against the total amount of dividends of the Defendant, and filed a lawsuit of demurrer to the distribution of the instant amount on March 7, 2014, which is within one week thereafter.
Recognition evidence: There is no dispute.