배당이의 등
1. The plaintiff's primary claim and the conjunctive claim are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. C completed the registration of ownership transfer with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) on July 5, 2000 on the grounds of sale and purchase as of August 25, 2003. On July 30, 2010, C loaned KRW 476,000,000 from the Plaintiff, and created a collective security interest rate of KRW 618,800,000 with respect to the instant real estate.
B. On January 16, 2015, the Defendant concluded a lease contract with a licensed real estate agent E running the D Licensed Real Estate Agent Office entrusted by C for a deposit of KRW 25,00,000 (one thousand won on the day of the contract, KRW 1,500,000 on the day of the contract, KRW 1,500,000 on January 17, 2015, and KRW 22,50,000 on February 8, 2015) on the instant real estate, and completed the move-in report at the same time by setting the period from February 8, 2015 to February 8, 2016 (hereinafter “the instant lease contract”), and at the same time, completed the move-in report with the instant real estate from February 16, 2016 upon receiving both the deposit and the first year to C.
C. On February 4, 2015, Samsung Card Co., Ltd. executed a provisional attachment of KRW 7,078,044 as to the instant real estate. On March 3, 2015, Samsung Card Co., Ltd, New Card Co., Ltd, and Korea Card Co., Ltd. completed the provisional attachment execution regarding the instant real estate.
C did not have any property other than the instant real estate at the time of entering into the instant lease agreement.
E. Meanwhile, C is against the Plaintiff from September 2014.
The Plaintiff began to delay the payment of interest on the loans stated in the subsection. Accordingly, the Plaintiff filed an application for a voluntary auction of real estate with F of this Court on March 30, 2015 for the instant real estate, and the order to commence an auction of real estate was issued by this Court on March 30, 2015, and the instant real estate was sold to G during the above auction procedure on May 25, 2016.
F. This Court held on July 5, 2016 that the amount to be actually distributed on the date of distribution of the above auction procedure is 447,700.