배당이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. In order to secure the debt owed to the Defendant, D, who is the Plaintiff’s mother, completed the registration of creation of a collateral on June 14, 2013 with the Busan District Court’s Busan District Court’s Busan District Court’s Order No. 34404, which was received on June 14, 2013, with respect to the registration of creation of a collateral security right against the Defendant (the maximum debt amount of KRW 100 million), the Plaintiff owned,
(hereinafter “instant collateral security”). B.
In the Busan District Court C real estate auction case, which was commenced upon the application of voluntary auction by the NongHyup Bank Co., Ltd., the senior mortgagee on the apartment of this case, the defendant submitted a claim statement of KRW 100 million with the principal and interest of KRW 58,487,671, and the above court prepared a distribution schedule of the amount of KRW 347,931,765, which was to be distributed to the defendant on September 24, 2014.
C. The Plaintiff raised an objection against KRW 35,000,000 out of the amount of dividends against the Defendant, and filed the instant lawsuit.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 4, the purport of the whole pleadings
2. The parties' assertion
A. On October 2, 2008, the Plaintiff’s assertion D borrowed KRW 65,00,000 among the secured debt of the instant right to collateral security from the Defendant, but the remainder of KRW 35,000,000 was given a loan to D until October 20, 2008, but the Defendant did not actually lend it (hereinafter the above claim of KRW 35,000,000). Thus, the instant claim was not established.
Even if the instant claim was established, the instant claim was set off against D’s Defendant and extinguished from April 2007 to March 2008.
Therefore, the distribution schedule of this case must be revised as stated in the purport of the claim.
B. In order to secure a total of KRW 100,000,000, which was previously owned by the Defendant’s assertion D, the instant claim and the instant right to collateral security, which were additionally loaned on October 2, 2008.