배당이의 등 청구의 소
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. 1) The non-party Samsung Fire and Marine Insurance Co., Ltd. (hereinafter “the apartment of this case”) is the owner of the non-party C, Ilyang-gu D apartment No. 101 Dong 901 (hereinafter “the apartment of this case”).
(2) On October 29, 2012, the establishment registration of a mortgage (hereinafter “mortgage 1”) consisting of KRW 154,800,000 with respect to the establishment of a mortgage (hereinafter “mortgage 1”) consisting of the establishment of a mortgage (hereinafter “mortgage”) consisting of the maximum debt amount as the grounds for registration, and the maximum debt amount as KRW 154,80,000 with respect to the establishment of a mortgage (hereinafter “mortgage 1”).
Upon completion of the instant auction, the instant apartment was filed for voluntary auction on the ground of the instant collateral security, and on November 27, 2013, the auction procedure following the voluntary decision to commence auction on the commencement of auction on the instant apartment was conducted on the grounds of the instant collateral security, and on November 27, 2013, the instant auction procedure was “instant auction procedure.”
(2) Meanwhile, the Plaintiff completed the registration of creation of a mortgage (hereinafter “the second collateral mortgage”) with a maximum debt amount of KRW 35,100,000,00 on October 30, 2012 regarding the instant apartment as the grounds for registration of the establishment of a mortgage (hereinafter “the second collateral mortgage”) with the Jung-gu District Court High Court High Court High Court High Branch 100352 on July 9, 2014, with a fixed claim transfer as of June 27, 2014 as the grounds for registration, and the Plaintiff completed the additional registration with a view to changing the collateral security holder under the second collateral mortgage from the Hanyang District Bank to the Plaintiff from the Hanyang District Court, Inc., Ltd. to the Plaintiff on October 30, 2012.
3) In the auction procedure of this case, Goyang-si (the pertinent tax), the holder of the delivery (the pertinent tax) shall first order 22,00,000 won, which is equivalent to the deposit for small amount lease in which the right of priority reimbursement is recognized under the Housing Lease Protection Act, among the amount of KRW 181,820,795, which is actually distributed on September 17, 2014, and which is the creditor of the instant lawsuit, is the non-party Samsung Fire & Marine Insurance Council (the creditor of the instant lawsuit) with the second order of 2,10,420 won.