배당이의
1. It was prepared on August 29, 2014 by the said court with respect to the auction case of the real estate B located in the Daejeon District Court Seosan Branch.
1. Indication of claim;
A. On February 16, 2012, the National Federation of Fisheries Cooperatives established and lent the amount of KRW 200,000,000 to the Defendant by February 16, 2013, with 13.1% per annum for delay damages.
In order to secure the above loan obligations, the Defendant set up a collateral of KRW 240,000 with respect to each real estate listed in the separate sheet at the National Federation of Fisheries Cooperatives.
B. On March 19, 2013, the National Federation of Fisheries Cooperatives requested a voluntary auction on each of the real estate listed in the separate sheet under the Daejeon District Court Seosan Branch B, and received a decision to commence the voluntary auction on March 20, 2013.
C. On June 26, 2013, the National Federation of Fisheries Cooperatives notified the Defendant of the transfer of the above credit on June 28, 2013.
In the above voluntary auction case, the Plaintiff submitted a claim statement that the principal of the above loan bond was KRW 200,000,000, and the interest was KRW 44,103,028.
On August 29, 2014, the distribution schedule was prepared to distribute the remainder of KRW 13,818,693 to the Defendant, respectively, to the Plaintiff, at the time of the argument on August 29, 2014 (100%) the amount of KRW 2,763,190 (100%) to the branch offices of the National Health Insurance Corporation, the amount of KRW 240,00,000, and the amount of KRW 13,818,693 to the Defendant.
The Plaintiff raised an objection to the said distribution schedule and filed the instant lawsuit.
E. In an auction procedure under the Civil Execution Act, if the mortgagee and the debtor are the same, the maximum debt amount of the right to collateral security is merely the meaning of the right to preferential reimbursement against the creditor entitled to dividends under Article 148 of the Civil Execution Act or a third party purchaser of the real estate for mortgage, and it cannot be viewed as the so-called limitation of liability that only claims within the maximum debt amount may be repaid. Thus, unless there is a creditor or third party entitled to dividends under Article 148 of the Civil Execution Act, the maximum debt amount of the mortgagee exceeds the maximum debt amount of the right to preferential reimbursement of the right