배당이의
1. On April 21, 2016, between the defendant and the non-party C, the area D, non-party No. 1504, 1504, Suwon-si, the area of Suwon-si, and two parcels E apartment No. 411, Dong 1504.
1. Basic facts
A. Upon entering into a fishery products supply contract with Nonparty C, the Plaintiff: (a) entered into a fishery products supply contract with Nonparty C; and (b) entered and received from Nonparty C a promissory note with the intent to recognize that there is no objection, even if he/she immediately is subject to compulsory execution, with respect to the outstanding amount of KRW 228,501,540, par value of KRW 228,501,540, the due date and at sight, and a promissory note with the Plaintiff. (c) On April 12, 2016, the Plaintiff entered a notarized deed with the intent to recognize that there is no objection to the payment of the promissory note.
(hereinafter referred to as “notarial deed of this case”). B.
In Suwon-si, Suwon-si, the only property of E Apartment Nos. 411, 1504, 1504 (hereinafter “instant real estate”) was, and C entered into a mortgage contract with the Defendant on April 21, 2016, and the Suwon District Court completed the registration of establishment of a neighboring mortgage with the Defendant as to the instant real estate under title No. 35172, April 22, 2016, the maximum debt amount was KRW 52,00,000, the debtor, and the mortgagee as the Defendant.
C. On May 4, 2016, the Plaintiff filed an application for a compulsory auction of the instant real estate with Suwon District Court F, and the said court rendered a compulsory auction order on May 4, 2016, and one bank filed an application for a compulsory auction of the real estate rent with Suwon District Court G, and the said court rendered a voluntary auction order on July 14, 2016.
(hereinafter “instant auction procedure”). D.
On the date of distribution of the instant auction procedure conducted on February 28, 2017, the said court prepared a distribution schedule (hereinafter referred to as “instant distribution schedule”) stating that out of KRW 264,621,097 to be actually distributed, KRW 33,590, KRW 164,035,859, KRW 45,679, and KRW 45,678 to the Defendant of Hanwon District Co., Ltd., Ltd., the third mortgagee, the third mortgagee, the third mortgagee, and KRW 1,624,173; KRW 39,586,773 to the applicant creditor; KRW 39,61,024 to the Plaintiff; and KRW 13,61,024 to the Han Bank.
E. The plaintiff is on the date of the above distribution.