배당이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. Each of the real estates listed in the separate sheet (hereinafter “each of the instant real estates”) was set by the Jeonju District Court, Kim Jong-dong Office, a second priority collective security (hereinafter “second priority collective security”) in the name of the mortgagee Dokkx Co., Ltd. (hereinafter “NE”) on September 3, 2007, the maximum debt amount of KRW 87,500,000 under the title of the collective security (hereinafter “NEx”) was set.
B. On November 2, 2011, a limited liability company specializing in the takeover of the National Agricultural Cooperative Federation, was issued a decision to commence the auction of real estate on November 3, 201 by filing an application for commencing the auction of real estate (the Jeonju District Court C, D (Dupl) with respect to each of the instant real estate.
(hereinafter “Discretionary Auction Procedure”). C.
In concluding a lease agreement with E on each of the instant real estate, the Defendant agreed to pay the lease deposit amount of KRW 50,809,491 on behalf of E to substitute it as part of the lease deposit, and concluded the following lease agreement on November 14, 2011, where the voluntary auction procedure of this case is in progress.
(hereinafter “instant lease agreement”). From December 1, 2011, 201, the lease deposit amounting to KRW 3,300,000 for monthly rent of KRW 65,000.
C. On November 24, 2011, the Defendant subrogated for KRW 50,809,491 of E’s debt owed to ZEex. On November 24, 201, the Defendant acquired the second priority collateral security right regarding each of the instant real estate from ZEex on November 29, 2011.
The Defendant paid part of the remainder of the lease deposit, excluding the amount subrogated by the above subrogation, to the F who was authorized to receive from E (=50,809,491 won). Ultimately, the Defendant paid KRW 60,268,491 (=50,809,491 won).
won in total of KRW 9,459,00 on December 14, 2011, 201, KRW 259,000 on December 15, 2011; and KRW 9,500,000 on December 15, 201.
E. From December 1, 2011, the Defendant is the full payment date of the sales price of each of the instant real estate to E.