배당이의
1. Of the distribution schedule prepared on September 15, 2015 by the said court with respect to the Chuncheon District Court B’s auction of real estate.
1. Facts of recognition;
A. C on March 30, 2006, acquired the first priority collateral of KRW 700 million with respect to each real estate listed on the separate sheet (hereinafter “instant real estate”) on the ground of the acquisition of the secured debt on March 30, 2006 by Hongcheon District Court, Hongcheon Registry, No. 4349, Mar. 14, 2003.
B. Since then, the Defendant completed the registration of the establishment of a mortgage over the second-order neighboring to the real estate of this case with the maximum debt amount of KRW 300 million as to the attached Articles 30 and 31.
C. In addition, C completed the registration of creation of a mortgage over the second-order neighborhood with the maximum debt amount of KRW 325 million as to the attachment No. 32 to 35 of the instant real estate, and the Defendant completed the registration of creation of a mortgage over the third-order neighborhood with the maximum debt amount of KRW 300 million.
However, the auction of the instant real estate did not proceed all at once, and was conducted over four times as follows.
The first auction [Scheon District Court D, E] was conducted with respect to real estate in attached Form 30 and 31, and C was paid dividends of 309,671,680 won (other than relevant taxes) as the first mortgagee, and the defendant, who is the second mortgagee, was not paid dividends.
The second auction (F) was conducted with respect to the real estate in the attached Form 36 to 42 as shown in the attached Form C, and C received dividends in full of KRW 122,58,651.
The third auction (Tcheon District Court G) was in progress with respect to the real estate in the attached Forms 32 through 35, and C, which is the first and second collateral security (as a result, a PampC Co., Ltd. takes over and received dividends to C by the said company as the transferee of C), was paid dividends in full amount of KRW 546,172,443 (excluding the taxes in question). The Defendant, the third collateral security holder, was not paid dividends.
The fourth auction (hereinafter “instant auction”) is conducted with respect to the remaining 29 parcels of the instant real estate (attached Form 1 through 29; hereinafter “instant auction real estate”) and three buildings bonds (hereinafter “instant building”) among the instant real estate. < Amended by Presidential Decree No. 26518, Sep. 15, 2015>