배당이의
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On April 23, 2014, the procedure for the auction case stated in the claim(hereinafter “instant auction procedure”) was initiated regarding E’s real estate (F land and second-story housing in YY-gu, Ocheon-gu, and hereinafter “instant real estate”) and sold to a third party.
B. At the time of the sale, a large number of security rights was established on the instant real estate, and major details were as follows.
1. The maximum debt amount set up on August 25, 201, KRW 33,600,00 of the maximum debt amount set up on August 25, 201; KRW 21,600,000 of the maximum debt amount set on August 1, 201, the debtor, and the National Agricultural Cooperative Federation of the National Agricultural Cooperative Federation of the Korean National Federation of the Korean National Federation of the Korean National Federation of the Korean National Treasury; KRW 75,00,000 of the deposit amount set on July 27, 2012; KRW 75,000,000 of the deposit amount set on May 18, 2014; and KRW 50,00,000,000 of the maximum debt amount set on October 10, 2012; and KRW 186,20,000,000,0000 of the maximum debt amount set on September 1, 2013; and
B. On January 26, 2015, the auction court prepared the instant distribution schedule with the order of 65,625,000 won (total amount of the claim for distribution) to the Defendant, G (a creditor who filed an application for auction and a mortgagee-mortgage) with the order of 5rd, 46,530,00 won (total amount of the claim for distribution), and H, who is a mortgagee, with the order of 7rd, 50,642,209 won.
C Claim for distribution as to the amount equivalent to the deposit amount by asserting that he leased all the second floor of the instant housing from E in the deposit amount of KRW 75 million, but the auction court did not distribute to C.
C. On June 1, 2012, the Plaintiff received C’s claim against C (the right to claim refund of KRW 75 million paid to E while leasing the instant house) from C, and E accepted the assignment of the claim around that time.
Then, on June 5, 2012, the plaintiff is about 48 million won to C.