배당이의
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
1. Preparation of the distribution schedule of this case;
A. On December 21, 2017, the Defendant, upon receiving a loan from D Co., Ltd., set up a right to collateral security against the Defendant, the maximum debt amount, KRW 345,600,00 with respect to the E Apartment-gu Seoul Jungdong (hereinafter “instant real estate”) against D Co., Ltd. in order to secure the obligation of the loan.
B. On June 21, 2018, D Co., Ltd. filed an application for voluntary auction on the instant real estate with the Seoul Northern District Court G based on the foregoing collateral security, and rendered a voluntary decision to commence the auction on the same day.
C. On August 31, 2018, the Plaintiff subrogated to D Co., Ltd. for the Defendant’s obligations for the loan, and on August 31, 2018, the registration of collateral security transfer was completed in the future on the ground that the instant real estate was transferred as a final claim.
On January 31, 2020, the above auction court prepared a distribution schedule of distributing KRW 353,820 in Jung-gu, the holder of the right to deliver (the pertinent tax), among KRW 387,139,394, which is the amount to be actually distributed, KRW 260,275,590 in the order of priority, KRW 260,275,590 in the HA, the holder of the right to collateral security, and KRW 85,324,410 in the order of priority, and KRW 425,759 in the Jung-gu, the applicant creditor (mortgage) and KRW 40,931,824 in the order of priority, and KRW 50,931,824 in the order of priority.
E. The Plaintiff appeared on the aforementioned date of distribution, and raised an objection to the whole amount of distribution to the Defendant, and filed the instant lawsuit on February 7, 2020, within seven days thereafter.
F. On April 13, 2018, the Defendant filed an application for commencing individual rehabilitation procedures with the Seoul Rehabilitation Court 2018 Association25932, and was decided to authorize the repayment plan on September 14, 2018, and decided to authorize the repayment plan on July 30, 2019.
Until now, individual rehabilitation procedures have not been abolished.
[Ground of recognition] Facts without dispute, Gap evidence 2 to 5, Eul evidence 1, the purport of the whole pleadings
2. Judgment on the ground of the Plaintiff’s claim
A. The plaintiff's assertion of the right to collateral security still remains effective against the remaining debt, and thus the amount of the right to collateral security.