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1. The Busan District Court's East Branch E and F (Dual) auction cases of real estate shall be held on May 24, 2016 by the above court.
Reasons
1. Basic facts
A. The Plaintiff is the owner of Suwon-gu G and 602 of Busan-gu (hereinafter “instant 602”).
B. As to the instant 602, Defendant B completed the establishment registration of a mortgage over KRW 65,00,000 on the ground of the debtor and the maximum debt amount on June 29, 2009, No. 33563, which was received on June 29, 2009, and Defendant C received on May 20, 2010, as the receipt of No. 27364, May 20, 2010, with the Plaintiff, the maximum debt amount of KRW 120,000 from the debtor, the maximum debt amount of KRW 120,000 on the ground of the mortgage contract, and Defendant D completed the establishment registration of a provisional attachment (the Busan District Court 2015Kadan219), Defendant C received the provisional attachment registration (the maximum debt amount of KRW 20,000,000 on April 6, 2015), and the maximum debt amount of KRW 30,000,708.
C. On August 17, 2015, the instant real estate was under way due to the decision to voluntarily commence the auction procedure (E, F (Dual) due to the decision to commence the auction procedure by Busan District Court’s branch branch (E, F). On May 24, 2016, the auction court prepared a distribution schedule to receive KRW 325,390,957, which was to be actually distributed on the date of distribution implemented on May 24, 2016, Defendant B was under priority 3; Defendant C was under priority 120,000,000 won; Defendant C was under priority 4; and Defendant D was under priority 19,692,629,629, 42,965,737 won as each of the persons holding the provisional attachment and collective security rights.
(hereinafter “instant distribution schedule”). D.
Accordingly, as a debtor and owner, the Plaintiff raised an objection against the dividend against the Defendants on the date of the said distribution, and filed a lawsuit of demurrer against the distribution on May 25, 2016, which was seven days or less thereafter.
[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 3-2, the purport of the whole pleadings
2. Determination as to the claim against the defendant B
A. The secured claim of the right to collateral security under the name of Defendant B, which was alleged by the Plaintiff, was KRW 50,000,000, which was concluded regarding the above 602, and the Plaintiff had already been 122,060.