배당이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The following facts are acknowledged to the effect that there is no dispute or the entire pleadings, in addition to each macro- documentary evidence.
On June 9, 2009, the registration of the establishment of a neighboring mortgage was completed on June 9, 2009, on the land and the ground building (hereinafter “the instant real estate”) owned by the Defendant, with the maximum debt amount of KRW 97,500,000,000 and the husband of the Defendant G (the husband of the Defendant).
[A] On August 31, 2015, F transferred the secured debt of the said right to collateral security to the Plaintiff, and on September 4, 2015, F made a supplementary registration before the said right to collateral security.
[1] On September 15, 2015, the Plaintiff filed an application for a voluntary auction of real estate on September 15, 2015 with the court D and rendered a decision of commencement.
(hereinafter “instant auction case”). On April 15, 2016, the distribution schedule was prepared as follows: (a) in the distribution procedure of the said auction case, to distribute KRW 90,029,430 to the Plaintiff, a mortgagee, and (b) to the other mortgagee, as well as KRW 90,029,429 to distribute each of the said KRW 90,029 to the other mortgagee.
[Attachment B] attached to the amendment of December 14, 2018 (see, e.g., Supreme Court Decision 2016Da16234, Dec. 14, 2018). The Plaintiff asserted against H that H should bring a lawsuit of demurrer to distribution with the lower court’s 2016Gadan16234, and the Plaintiff and H are the same priority mortgagee with each maximum debt amount of KRW 97.5 million, and H already recovering KRW 51 million from the joint collateral and remaining credit amount of KRW 46.5 million, taking into account the proportional distribution amount, the amount of dividends against H should be reduced to KRW 82,58,800, and the amount of dividends against the Plaintiff should be increased to KRW 97.5 million, as the amount of dividends increases to KRW 7,470,570,00.
[See the above decision of recommending reconciliation] The Defendant, who was the owner of the instant real estate, also filed a lawsuit of demurrer against the distribution under the court 2016Kadan17084 as to the Plaintiff, and the court 2016Kadan17091 as to H.
[1] As to the “2016Gadan16234 case,” which the Plaintiff filed against H, a decision of recommending reconciliation was notified on November 14, 2016, which cited the Plaintiff’s assertion as a whole, and on December 2016.