배당이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The following facts are acknowledged as either a dispute between the parties or in full view of the evidence set forth in subparagraphs A through 7 and the purport of the entire pleadings.
A. D Co., Ltd. (hereinafter “E”) entered into an individual transaction loan agreement on October 1, 2015 with respect to KRW 10,000,000 (hereinafter “the loan”) and a credit limit of KRW 10,000,000 (hereinafter “the loan”). On November 20, 2015, D entered into an individual transaction agreement on KRW 510,000 (hereinafter “the loan”).
(B) On October 1, 2016, the credit limit of the loan was changed to KRW 9,500,000.
D On November 20, 2015, between E and E, the maximum debt amount is KRW 612,00,000 with respect to the first floor G of the building F of the building F of Yong-gu, Young-gu, D (hereinafter “instant apartment”), and the debtor is D, and the mortgage contract with the mortgagee E was concluded, and the establishment registration of the mortgage of this case was completed on the same day.
C. On March 28, 2017, E, based on the instant right to collateral security, filed an application for a voluntary auction of real estate regarding the instant apartment with the Suwon District Court C on March 28, 2017, and rendered a voluntary decision to commence auction on March 29, 2017.
(hereinafter “instant voluntary auction case”). D.
E on June 28, 2017, on the part of the defendant, transferred the claim for loans ①, ②, ③ and then notified D of the assignment of the claim on June 29, 2017.
E. On April 24, 2018, the Defendant submitted a claim statement to the executing court as follows in the instant voluntary auction.
(1) 15% from April 14, 2017 to May 15, 2018, 11.25% from April 14, 2017 to May 15, 2018, 2011.25% from April 14, 2017 to May 15, 2011.25% from 59,931,00,00,000,01,049, from April 14, 2017 to May 15, 2018. < Amended by Act No. 10777, Jan. 26, 200,00; Act No. 13745, Apr. 14, 2017; Act No. 93157, May 28, 201; Act No. 8747, Aug. 27, 207; Act No. 15509, Aug. 16, 20198>