배당이의
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On November 10, 2004, Defendant B completed the registration of transfer of ownership on November 8, 2004 with respect to G forest land 16,471 square meters and H forest land 11,199 square meters (hereinafter “instant forest”). On October 11, 2005, the Plaintiff completed the provisional registration of transfer of ownership on October 7, 2005 with respect to the instant forest land (hereinafter “instant provisional registration”).
B. On November 10, 2004, upon the application of the Boan Livestock Cooperatives, which established the right to collateral security, the decision to voluntarily commence the auction of the instant forest was rendered to this court C on December 21, 2015.
C. On February 23, 2016, prior to the end of the period of demand for distribution, the Plaintiff filed an application for demand for distribution, stating that the provisional registration of this case is a provisional registration for security, and the requested amount is KRW 150,00,000, and submitted a claim statement on July 26, 2016, stating the total amount of principal and interest KRW 151,495,890.
With the exclusion of the plaintiff's demand for distribution on August 24, 2016, the court prepared a distribution schedule that distributes the amount of KRW 208,373,356 to the Boan Livestock Industry Cooperatives, the mortgagee of the right to collateral security, KRW 165,356,778, and KRW 21,195,559, and KRW 21,821,019 to the defendant B, the owner of the right to collateral security, and KRW 21,821,019.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 6 through 10 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. The assertion and judgment
A. The provisional registration of this case's assertion functions as a provisional registration of security when the exercise of the right to collateral security established in the forest of this case, and if the right to collateral security is cancelled, it was established for the purpose of preventing the limitation on the ownership of the creditors of Defendant B. Thus, the plaintiff should receive a distribution in the procedure of voluntary auction of this case as a person
Therefore, the amount of dividend to the Defendants, subordinate, is the Plaintiff.