배당이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. (i) On February 27, 2009, the Plaintiff entered into a credit guarantee agreement with the non-party company and D (hereinafter “non-party company”) (hereinafter “the instant guarantee agreement”). D, the representative director of the non-party company, guaranteed the non-party company’s indemnity obligation under the instant guarantee agreement.
B. On February 22, 2013, Non-Party Company lost the benefit of time due to the occurrence of a credit guarantee accident caused by the principal body. On March 29, 2013, the Plaintiff fulfilled the guaranteed obligation of KRW 302,281,315 to the new bank Co., Ltd.
Consolidatedly, the Plaintiff filed a lawsuit against Nonparty Company and D, as the Cheongju District Court 2013da152713, claiming the amount of reimbursement, etc., and was awarded a favorable judgment on December 11, 2013.
D The Cheongju District Court 2014Na117 filed an appeal and is currently pending in the appellate court.
B. On July 1, 2013, F apartment Nos. 302, 106 (hereinafter “instant apartment”) owned by Cheongju-si, Chungcheongnam-gu, Cheongju-si, Cheongju-si, applied for the auction of real estate rent to Cheongju District Court B, and on August 9, 2013, Cheongju-si, Cheongju-gu, Cheongju-si, Cheongju-gu, Cheongju-si (hereinafter “instant apartment”) applied for the auction of real estate rent as C (hereinafter “instant auction”).
B. At the auction procedure of this case, the Defendant filed a report on the right and demand for distribution by asserting that he is the lessee of the apartment of this case. In preparing a distribution schedule on March 18, 2014, the execution court distributed KRW 40,00,000 on the ground that the Defendant is a lessee with preferential right to payment, and the Defendant, who is the person having the right to provisional seizure, prepared a distribution schedule (Evidence 13 of this case; hereinafter referred to as the “instant distribution schedule”) that distributes KRW 7,204,181 to the Plaintiff, who
Consolidatedly, the Plaintiff raised an objection to the total amount of dividends against the Defendant, and filed the instant lawsuit on March 21, 2014.
C. (i) The Defendant’s conclusion of the lease contract is D around February 22, 2013.