배당이의의 소
1. The plaintiff's primary claim against the defendant B is dismissed.
2. Nonparty C is the Defendant around November 13, 2015 and December 2015.
1. The following facts can be acknowledged in full view of the descriptions of Gap evidence No. 1 and Gap evidence No. 6 and the purport of the whole pleadings.
On February 15, 1986, the ownership transfer registration was completed in F on February 15, 1986 with respect to 48,595 square meters of land D, Dobong-gu Seoul Metropolitan Government (hereinafter the real estate of this case), and the ownership transfer registration was completed in C on October 9, 2007 due to inheritance.
B. As to the instant real estate on December 20, 195, the registration of the establishment of a neighboring mortgage in the name of G, the debtor of which is 52 million won with F and the maximum debt amount, was completed. On January 6, 2015, the registration of the establishment of a neighboring mortgage in the name of G was completed on the ground of the transfer of confirmed claim on December 24, 2014, and on October 28, 2004, the registration of the establishment of a neighboring mortgage in the name of G was completed on October 27, 2004 in the name of the debtor as F and the maximum debt amount, with respect to the registration of the establishment of a mortgage in the name of the said corporation on June 19, 205, each of the registration of the establishment of a new mortgage was completed on June 18, 2015. < Amended by Act No. 13580, Oct. 27, 2004>
C. The Plaintiff, with respect to C, was a creditor with an executory exemplification of the instant real estate claim in Seoul Central District Court No. 2011Gaso1658052, and filed a demand for distribution in the instant case for a compulsory auction by this court E-real estate auction.
This Court, on December 6, 2016, prepared a distribution schedule to distribute to Dobong-gu Seoul Metropolitan Government KRW 664,940, KRW 338,510, KRW 750,180, and the Defendants each amount as stated in paragraph (3) of the same Article, when paying dividends to the actual amount of KRW 111,364,533, which was deducted from the sale price, which was the date of distribution.
E. The Plaintiff appeared on the aforementioned date of distribution, and raised an objection against the entire amount distributed to the Defendants, and filed a lawsuit of demurrer against the distribution of this case.
2. The defendant A's collateral security obligation to determine the claim against the defendant A.