배당이의
1. Of the distribution schedule prepared on November 23, 2015 by the above court in view of the auction cases of Ku Government District Court, Dental Real Estate.
1. Basic facts
A. E Co., Ltd. (hereinafter “E”) completed the registration of ownership transfer as the receipt of No. 22532 on April 26, 1995, with respect to F forest land 18,120 square meters and G 44,960 square meters (hereinafter “each of the instant real estate”) in Namyang-si, Namyang-si, the Namyang District Court of the Republic of Korea completed the registration of ownership transfer on the ground of the successful bid on March 14, 1995.
B. While the Korea Mining Promotion Corporation and H’s 1 and 2-mortgage was respectively set on each of the instant real estate, Defendant B was respectively set on July 23, 2007; and the Plaintiff was respectively set on November 17, 2008.
C. However, on December 22, 2009, the Plaintiff and Defendant B cancelled each of the above collateral on each of the instant real property, and both the Korea Mining Promotion Corporation and H’s respective collateral security was cancelled. On February 5, 2010, the first priority collateral (hereinafter “the first priority collateral”) was created by the Korea Mining Promotion Corporation and the Korea Mining Promotion Corporation. The first priority collateral (hereinafter “the instant first priority collateral”) of Han Capital Co., Ltd., Ltd., the debtor, E, was established.
As to each real estate of this case, the second priority mortgage (hereinafter “instant Cmortgage”) under the name of Defendant C with the maximum debt amount of KRW 1.5 billion on February 9, 2010 was created, respectively, and on February 23, 2010, the third priority mortgage (hereinafter “instant Plaintiff’s mortgage”) under the name of the Plaintiff with the maximum debt amount of KRW 1.3 billion on February 23, 2010 was established, and Defendant B was the same month on December 1, 2014.
3. The registration of partial transfer of the right to collateral security in Defendant C’s name (hereinafter “instant B-mortgage”) was completed with the amount of KRW 1 billion.
E. One Capital applied for a voluntary auction on each of the instant real estate based on the first priority mortgage with respect to each of the instant real estate, and the District Court rendered a voluntary decision to commence the auction on February 24, 2015.
(f) The auction of this case (hereinafter “instant auction”). Defendant C acquired on March 16, 2015 a claim on the collateral security from one Capital, etc., by transfer, and on March 18, 2015.