배당이의
1. It was prepared by the said court on July 25, 2016 with respect to a compulsory auction case of real estate C, which was established at the Changwon District Court Showon District Court.
1. Indication of claim;
A. On June 17, 1994, D entered into a mortgage agreement with the Defendant on the share of 6612/125901 square meters of forest E, 125,901 square meters of forest E, Gyeongnam Development-gun (hereinafter “instant co-ownership”), and on June 23, 1994, D completed the registration of creation of a mortgage over the instant co-ownership to the Defendant as the obligor D and the mortgagee.
After that, D, on March 15, 1997, donated the instant co-ownership to the Defendant, and completed the registration of transfer of shares in the name of the Defendant on March 18, 1997.
B. At the time that the Defendant received a loan from the Mineyang Livestock Cooperatives on September 2, 1995, the Plaintiff jointly and severally guaranteed the Defendant’s loan obligation, and the Plaintiff repaid KRW 16,043,657 on behalf of the Defendant to the Mineyang Livestock Cooperatives on November 3, 199.
On April 3, 2015, the Plaintiff filed a lawsuit against the Defendant, etc. for reimbursement amounting to the Gwangju District Court 2015Kadan5105. On October 15, 2015, the said court rendered a judgment that “the Defendant shall pay the Plaintiff 28,355,515 won and 11,104,502 won with interest of 20% per annum from May 14, 2015 to the date of full payment,” and the said judgment became final and conclusive around that time.
C. On December 28, 2015, upon the Plaintiff’s application, the procedure for compulsory auction of real estate to this court C was carried out. On July 25, 2016, the auction court prepared a distribution schedule that distributes KRW 18,751,292 to the Defendant on the ground that the Defendant, who is the debtor and owner, was the mortgagee registered as to the instant co-ownership on the date of distribution.
On the date of distribution, the Plaintiff raised an objection against the total amount of dividends to the Defendant, and filed a lawsuit of demurrer against distribution on August 1, 2016, which was within one week.
In cases where the ownership of any article and other real rights belong to the same person, the restricted real rights shall be extinguished by confusion.