배당이의
1. A distribution schedule prepared on January 11, 2018 by the said court with respect to the case of a voluntary auction of real estate C in the Daejeon District Court, Daejeon District Court Branch C.
1. Facts of recognition;
A. On September 30, 2014, the Asan Livestock Industry Cooperatives transferred the right to collateral security to the Plaintiff on September 30, 2014, when it received the registration of establishment of a neighboring mortgage on the real estate stated in the attached list owned by D as collateral for D’s credit.
B. Upon the Plaintiff’s application, the procedure of voluntary auction was initiated to Daejeon District Court Branch C for the instant real estate owned D (hereinafter “instant voluntary auction procedure”).
C. Although the Defendants did not have the right to claim for the refund of the lease deposit against D, Defendant A entered into a lease agreement with March 5, 2008, and Defendant B entered into a lease agreement with each other on November 20, 2006, and reported the claim for the refund of the lease deposit against each other based on the lease agreement with each other on November 20, 206.
On January 11, 2018, Daejeon District Court rendered a distribution schedule of KRW 12,00,000 each to the Defendants on the date of distribution of the instant voluntary auction procedure, and prepared a distribution schedule of KRW 521,285,085 to the Plaintiff (hereinafter “instant distribution schedule”).
E. On the date of distribution, the Plaintiff stated an objection to the entire dividend amount of the Defendants.
【Ground of recognition】 Each entry of evidence Nos. 1 through 3, and the purport of the whole pleadings
2. According to the above facts of recognition, although the defendants did not have a claim to receive dividends in the voluntary auction procedure of this case, it can be seen that each of the above 12,00,000 won was distributed to the defendants, and the distribution schedule of this case was prepared.
Therefore, among the distribution schedule of this case, the amount of dividends to the Defendants should be deleted, and the deleted amount of dividends to the Defendants should be corrected as being distributed to the Plaintiff as much as KRW 24,00,000,000.
3. In conclusion, the plaintiff's claim against the defendants is justified, and it is so decided as per Disposition by admitting all of the claims.