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1.The distribution schedule drawn up on July 3, 2014 by the Seoul Central District Court Down real estate auction case and drawn up by the same court.
Reasons
1. Basic facts
A. On August 10, 2006, the Plaintiff and the Defendants set up a collective collateral security (hereinafter “instant collateral security”) with respect to the second floor of the Gtel No. 201 (hereinafter “instant real estate”) owned by the Plaintiff, the Defendants, the obligor, and the maximum debt amount of KRW 50 million with respect to the Plaintiff, the Defendants, the obligor, and the E-mortgage (hereinafter “instant collateral security”).
B. The instant real estate was sold in the Seoul Central District Court D’s auction procedure for the instant real estate, which commenced upon a request by the Plaintiff, a mortgagee, at the Seoul Central District Court (hereinafter “instant auction procedure”). On July 3, 2014, a distribution schedule was formulated as follows (hereinafter “instant distribution schedule”) regarding KRW 404,627,718 out of the proceeds of sale on the date of distribution open on July 3, 2014.
Priority Creditors 10,385,610 won (relevant tax) 13,273,370 won, 43,357,758 won, 38.11% each of the dividend rates of Defendant B B 147,543,363 won and joint mortgagee C 138,497,187 won, 404,617,718 won, 404,718 won, 38
C. On the date of distribution, the Plaintiff raised an objection against the total amount of the dividend to the Defendants, and filed the instant lawsuit on July 8, 2014.
[Ground of recognition] Facts without dispute, entry of Gap 1, 2, 7, Eul 15, and the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion Defendants merely lend the name of the joint collateral mortgagee without any claim against the obligor E.
Therefore, the amount of dividends against the Defendants should be fully deleted, and the amount should be distributed to the Plaintiff’s total amount of the secured debt on the instant collateral security (= Principal KRW 34,69,177) (= Principal KRW 250 million).
B. The Defendants’ assertion 1 against H.