배당이의
1. Of the judgment of the court of first instance, the part against the Defendants in the judgment is modified as follows:
Busan District Court Dacheon support C.
1. Basic facts
A. On July 21, 2011, the Plaintiff loaned KRW 130 million to D on July 21, 2011, setting the maturity date as follows: 5% per annum; 2.5% per annum; and 18% per annum per annum.
On January 10, 2013, the Plaintiff filed a lawsuit against D in which D would not repay the principal and interest of the Plaintiff. The court rendered a judgment that “D would pay to the Plaintiff the amount of KRW 130 million per annum from July 25, 2012 to August 24, 2012, 7.5% per annum from July 25, 2012, and 18% per annum from the next day to the date of full payment.” The above judgment became final and conclusive around that time.
B. The Plaintiff filed an application for a compulsory auction with respect to F department stores No. 724 (hereinafter “instant commercial building”) located in Seocheon-gu, Seocheon-gu, Seoul District Court CroD with the executory title as to D’s title.
On June 15, 2015, the auction court rendered a ruling to commence compulsory auction. On February 1, 2016, the Plaintiff reported the claim amounting to KRW 69,727,802, interest 11,58,187, total amounting to KRW 81,315,989 to the auction court.
(hereinafter the above procedure for compulsory auction is referred to as “instant auction procedure”).
On July 23, 2009, the shopping mall of this case was established with the right to collateral security (38 million won, debtor D, and mortgagee G). After completing the supplementary registration of the said right to collateral security transfer on the ground of the transfer of finalized claim on December 22, 2015, the Defendants reported the claim amounting to KRW 8 million in principal, interest, KRW 7,648,00 in interest, KRW 15,648,00 in total, and KRW 15,648,00 in the auction court on February 16, 2016, and demanded the distribution.
The auction court, on February 26, 2016, confirmed the amount to be actually distributed as KRW 40,174,957, which was the date of distribution, as KRW 40,174,957, prepared a distribution schedule under which the Defendants distribute KRW 15,648,00 to the Defendants (hereinafter “instant distribution schedule”), and the Plaintiff did not have been fully distributed.
E. The Plaintiff raised an objection against the Defendants on the date of distribution, and on March 3, 2016, within one week thereafter.