배당이의
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff is a creditor who completed the registration of creation of a mortgage in the vicinity of KRW 100,00,000 with respect to the maximum debt amount of KRW 80.69 percent (hereinafter “instant real estate share”) owned by Incar Development Co., Ltd. (hereinafter “Incar Development”), among the area of 4118,7,000 square meters in Seoul Special Metropolitan City, Gwanak-gu D, Seoul.
B. The Plaintiff filed an application for voluntary auction with respect to the share of the instant real estate owned by Shee Development based on the foregoing right to collateral security, and accordingly, the Seoul Central District Court C rendered a decision to commence the auction in the auction of real estate C.
C. In the above auction procedure (hereinafter “instant auction procedure”), the share in the instant real estate was sold to a third party. On February 16, 2017, the said court prepared a distribution schedule with respect to KRW 75,893,427 of the amount to be actually distributed due to the said sale as follows.
Creditors are entitled to 122,335,320 19,000,00 25,000,000 25,000,000 of the dividends distribution order of Defendant International Science and Technology Co., Ltd. in Gwanak-gu in Seoul Special Metropolitan City (Seoul District Court 2002Kadan152347), 100% of dividends distribution ratio of 27.13% 27.13% of 27.13% of dividends amount of 3,335,3205, 15, 587 6,783, 787 remaining amount of 72,58,107, 67, 402, 60, 618, 853 of the Plaintiff dividends distribution order in Seoul Special Metropolitan City (Seoul District Court 200,000Kadan16375, 301, 34038, 2014).
D. On February 16, 2017, the Plaintiff appeared on the aforementioned date of distribution, and stated that there was an objection against the dividend amount against the Defendants. The Plaintiff filed a lawsuit of demurrer against the distribution of this case within a week thereafter.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion is that the Defendants did not hold a genuine claim against the obligor’s rare development.