배당이의
1. The case of the compulsory auction of real estate C with Ansan District Court is prepared on November 22, 2012 by the above court.
1. Basic facts
A. On June 15, 2010, in order for Nonparty D to secure the money borrowed from the Defendant, the Plaintiff completed the registration of establishment of a collateral security right with the content of No. 302 of the building E located in Ansan-si, Suwon-si, Seoul-si, Seoul-si, and the maximum debt amount of No. 53789, Jun. 15, 2010; and completed the registration of establishment of a collateral security right with the content of No. 32,50,000, the obligor as the Plaintiff; and completed the registration of establishment of a collateral security right with the content of No. 129386, Dec. 27, 2011, the Plaintiff cancelled the said registration on Dec. 27, 2011.
B. After that, the Suwon District Court started a compulsory auction on the above real estate as Suwon District Court’s Ansan Branch C, and the above court, on November 22, 2012, prepared a distribution schedule to distribute the remaining KRW 37,585,679 to Nonparty F the amount of KRW 463,360 out of the dividend of KRW 113,049,039 on November 22, 2012.
C. On November 22, 2012, the Plaintiff attended the aforementioned date of distribution and raised an objection against the Defendant regarding KRW 17,585,679, out of the amount distributed to the Defendant.
[Ground of recognition] Facts without dispute, Gap evidence 1, 4-2, Gap evidence 5-1 and 5-2, the purport of the whole pleadings
2. The plaintiff asserts that since the non-party D and the defendant settled the amount of debt on June 17, 201 to KRW 20,000,000, the amount distributed to the defendant in excess of the above 20,000,000 and the delay damages should be refunded to the plaintiff. The defendant asserts that the defendant extended money to D several times, and the amount of interest and interest on the loan as of December 2012 to KRW 57,380,00 (the principal amount of KRW 38,00,000,000) shall not be extended to the above principal and interest on the loan.
In other words, as follows, D borrowed money from the Defendant, and agreed on April 20, 201 to pay to Defendant KRW 63,00,000 on April 20, 201, and Nonparty G on behalf of Nonparty G on June 17, 201.