배당이의
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Basic facts
A. The Plaintiff’s claim 1) On September 9, 1997, the New Cancer Credit Union (hereinafter “instant loan”) loaned KRW 90,000,000 annually to C on September 9, 1997 at an interest rate of 16% per annum, interest rate of delay 23% per annum, and due date of September 9, 199 (hereinafter “instant loan”).
(2) On August 8, 2003, the Plaintiff received the instant loan claim from the New Aambol Credit Union, and New Aambol Credit Union notified C of the assignment of the instant loan claim on September 18, 2003, and reached C around that time.
3) The Plaintiff filed a claim against C for the payment of the instant loan with the Daegu District Court Decision 2003Da131394, and received a favorable judgment on March 30, 2004, and the said judgment became final and conclusive on April 28, 2004. (B) The Defendant’s claim and collateral security 1) on July 13, 1996 determined and lent KRW 20,000,000 to C on July 13, 1996 as interest monthly interest rate and KRW 2% on July 30, 1997.
2) On September 10, 1996, the Defendant lent KRW 20,000,00 to C with interest rate of KRW 2%, and on September 10, 1997, the due date for reimbursement of KRW 3) In order to secure each of the above claims (hereinafter “Defendant’s claim”), the Defendant completed the registration of establishment of a neighboring mortgage (hereinafter “registration of establishment of a neighboring mortgage”) with maximum debt amount of KRW 55,00,000 with respect to the real estate stated in the separate sheet (hereinafter “instant real estate”) owned by C on August 5, 1998, with respect to the real estate (hereinafter “the instant real estate”). < Amended by Act No. 62126, Aug. 5, 1998>
C. The Plaintiff filed an application for a compulsory auction against the instant real estate, which is owned by C with the above final judgment as a title of execution. (2) In the above compulsory auction procedure, KRW 55,00,000, the maximum debt amount, and KRW 53,274,992, the remaining amount, respectively, to the Defendant, who is the mortgagee of the right to collateral security, was apportioned to the Defendant, who is the creditor applying for the compulsory auction.
3 The plaintiff was paid the full amount of the defendant's dividends on the date of distribution implemented on April 21, 2014.