배당이의
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Basic facts
A. On March 4, 2013, the Plaintiff completed each registration of initial ownership relating to each of the real estate listed as “the indication of the real estate” (hereinafter “instant real estate”) and each of the real estate indicated as “the indication of the real estate” in attached Table 2 (hereinafter “specific real estate”).
B. On April 23, 2013, the Plaintiff created a right to collateral security of KRW 210 million with respect to the instant real estate, with respect to the instant real estate, with respect to the maximum debt amount of KRW 210 million, and with respect to the separate maximum debt amount of KRW 1.4 billion with respect to the separate real estate to the Dolsung Credit Union on September 17, 2013. On May 12, 2014 and November 18, 2014, the Plaintiff created a right to collateral security of KRW 400 million with respect to the instant real estate and separate real estate as joint collateral, respectively.
(hereinafter) As to the instant real estate, the right to collateral security established on May 12, 2014 and November 18, 2014 (hereinafter “each right to collateral security”). D.
On November 11, 2014, Madsan Credit Union applied for an auction of real estate rent to Cheongju District Court C with respect to the instant real estate (hereinafter the above auction case is referred to as "C"), and Madsung Credit Union applied for an auction of real estate rent to Cheongju District Court E with respect to each real estate on the same day.
(hereinafter, the above auction case is referred to as "E". D.
On June 22, 2015, the Defendant’s agent submitted to the Cheongju District Court a bond statement stating that “The principal of the secured debt on the mortgage, which covers the instant real estate and separate real estate, shall be KRW 350 million as joint collateral, interest shall be KRW 185 million per month from May 3, 2012 to June 23, 2015, and creditors F on the attached loan certificate shall be KRW 350,000,000,000 per month from May 3, 2012 to June 23, 2015,” stating that “the nominal lender is the nominal lender, the debtor, the Plaintiff, and the borrower shall be KRW 50,00,000,000,000 per month, maturity, August 31, 2012, and on May 2, 2012” (hereinafter “the instant loan certificate”).