배당이의
1. Of the instant lawsuit, the part regarding the dividend amount of KRW 103,408,023 among the Defendant B and C and the Defendant D and the stock company.
1. Facts of recognition;
A. (1) On May 11, 2006, the Plaintiff established the right to collateral security (hereinafter collectively referred to as the “instant right to collateral security”) with respect to the debtor, H, 820,000,000 square meters and G road 47.6 square meters (hereinafter referred to as “each of the instant lands”) in Bupyeong-gu, Seocheon-gu and Seocheon-gu, the Plaintiff owned by the Plaintiff, and obtained a loan of KRW 1,50,000,000 in total from the Defendant Hana Bank on two occasions in the name of H, with respect to each of the instant lands. < Amended by Act No. 7865, May 25, 2006; Act No. 7871, May 25, 2006; Act No. 7065, Jan. 1, 2000; Act No. 7065, Feb. 15, 2000>
(2) On May 25, 2007, the Plaintiff decided to fully repay the principal and interest of the loan until May 25, 2007. In preparation for the case where the above principal and interest of the loan cannot be repaid by the above deadline, the Plaintiff made a pre-sale promise with H to purchase and sell the amount equivalent to the above loan as the purchase price, and completed the registration of the right to claim ownership transfer in H’s name as to each of the instant land.
(3) If the Plaintiff did not pay the principal and interest of a loan to a bank under the name of H until the repayment deadline, H filed a lawsuit against the Plaintiff demanding the implementation of the principal registration procedure (Seoul District Court Branch Branch Decision 2007Gahap4041) based on provisional registration and won the judgment in September 11, 2008. Accordingly, on June 28, 2010, during the appellate trial (Seoul High Court Decision 2008Na10235) where the Plaintiff filed an appeal and filed an appeal, “the Plaintiff shall pay the principal and interest of a loan to one bank under the name of H by July 16, 2010, and simultaneously pay the principal and interest of a loan to H, including the amount of claim for reimbursement including the amount of reimbursement claim under the name of Seoul Central District Court Decision 2008Ga311455, the Plaintiff and H shall be paid to H in advance.”
B. H’s application for voluntary auction is complete with respect to each of the instant land.