배당이의
1. The contract to establish a right to collateral security concluded on May 18, 2016 between Defendant C and D on the real estate stated in the separate sheet between Defendant C and D is 35.
1. Basic facts
A. On October 25, 2011, the Plaintiff filed a lawsuit against D with the District Court of Yeongi-gun, 201Gapo-gun, 2796, and filed a decision on performance recommendation that “D shall pay to the Plaintiff 14,820,000 won and the amount at the rate of 6% per annum from October 14, 2008 to October 28, 201, and 20% per annum from the next day to the date of full payment” (hereinafter “decision on performance recommendation of this case”), and thereafter, the said decision on performance recommendation became final and conclusive.
On December 27, 2017, the amount of claims based on the decision on performance recommendation as of December 27, 2017 is the principal of KRW 14,820,00, delay damages of KRW 20,91,615, total of KRW 35,81,615.
B. On May 18, 2016, D completed the registration of establishment of a collateral security on the instant land on May 18, 2016, following the completion of the registration of establishment on May 18, 2016, for establishing a contract on May 18, 2016 to Defendant C based on the contract on May 18, 2016, with the maximum debt amount of KRW 60 million, the debtor D, and the mortgagee C as Defendant C.
(hereinafter referred to as “first collateral security”) c.
D On May 23, 2016, on the ground of the contract on May 23, 2016 with regard to the instant land, D completed the registration of creation of a neighboring mortgage to Defendant B as the maximum debt amount of KRW 50 million, the debtor D, and the mortgagee B.
(hereinafter “Second-mortgage”) d.
At the time of each contract to establish a mortgage, the market price of the land of this case was 50 million won or more, and D was in excess of the obligation.
E. On April 6, 2017, the Plaintiff filed an application for compulsory auction for the instant land with the Cheongju District Court E with the title of the execution decision of the instant performance recommendation, and the auction procedure was initiated on April 6, 2017.
(F) On the other hand, Defendant C failed to pay national taxes as listed below, and Defendant C’s Republic of Korea (Ulsan Tax Office) seized Defendant C’s claim against the instant land on August 7, 2017, and registered attachment on August 10, 2017.