배당이의
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Basic Facts
A. On June 28, 2013, the Plaintiff completed the registration of the creation of a collateral security right (hereinafter “instant collateral security right”) (hereinafter “instant collateral security right”) with respect to the respective land of which the Defendants owned KRW 320,00,000 with respect to the maximum debt amount of KRW 320,000,000 with respect to the land of this case and KRW 392,000,000,000 with respect to the 839,000 square meters with respect to the Guangdo-si’s own road, H road, and I prior to
B. On June 9, 2016, 2016, the Logsan Project Financial Investment Co., Ltd. (hereinafter “Nonindicted Company”) accepted each of the instant land. The Defendants previously received an attachment or a total order based on subrogation on the Plaintiff’s claim for the payment of the expropriation compensation against Nonparty Company under Daejeon District Court 2015TTT15051, and the said order reached the Nonparty Company on November 23, 2015.
C. On May 31, 2016, Nonparty Company deposited KRW 720,792,950 for the Plaintiff’s obligation to compensate for confinement as the head of Suwon District Court No. 1159 in 2016.
In accordance with the F-Distribution Procedure of the Daejeon District Court (hereinafter “instant dividend procedure”), the said court distributed the Defendants KRW 37,328,021, respectively, among the amount to be actually distributed on October 25, 2016, KRW 720,943,472.
The Plaintiff raised an objection to the entire dividend amount to the Defendants in the instant dividend procedure.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3 (including branch numbers, if any) and the purport of the whole pleadings as to the plaintiff's assertion of the purport of the whole pleadings, and since there is no obligation against the defendants of the No. 1-3 industry as the secured obligation of the instant collateral security, the instant collateral security is null and void.
Therefore, since the distribution procedure of this case was erroneously distributed to the Defendants, the rectification of the distribution schedule is sought as stated in the purport of the claim.
Judgment
In full view of the purport of the entire pleadings in each entry of the evidence Nos. 1 through 4, 6, and 7 (including branch numbers, if any), the Defendants are the defendants on May 20, 2013. < Amended by Act No. 11845, May 20, 2013>