배당이의
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. The registration of ownership transfer was completed on April 4, 1996 in Dongdaemun-gu Seoul Metropolitan Government D apartment 87 and 101 in the rearrangement zone of the housing reconstruction improvement project implemented by the defendant, and the registration of ownership transfer was completed on December 8, 2003 in accordance with the trust under the Trust Act in the future of the defendant on December 8, 2003 for the reconstruction improvement project.
B. After that, the Plaintiff’s decision was made on the number of buyers of E Apartment 1010, 1102 (hereinafter “instant apartment”) to be reconstructed, and on February 27, 2014, the registration of preservation of ownership of the instant apartment was completed in the name of the Plaintiff on April 24, 2014 upon the Defendant’s sole application, according to the record on the transfer of B-building improvement project (the owner of 1010 Dong 1102 among the “written report on the transfer of each apartment house (multi-family housing)” included in the written notification on the transfer of each apartment).
C. On June 16, 2014, the Defendant received a decision of provisional seizure of real estate regarding the instant apartment from this Court (2014Kadan2685).
On June 27, 2014, according to the Plaintiff’s application for auction auction, the registration of seizure was completed with respect to the instant apartment on June 27, 2014, and the auction court (this court C) distributed the remainder of KRW 838,924 to tax creditors, lessees, the National Health Insurance Corporation, etc., and the said Nonghyup Bank from KRW 472,869,924, which could be distributed as dividends on September 17, 2015 to the Defendant, on the premise that the Defendant is the creditor of the decision on provisional seizure against real estate as of June 18, 2014.
Accordingly, the Plaintiff raised an objection on the date of distribution, and filed the instant lawsuit on September 24, 2015.
E. On October 26, 2016, the Defendant was sentenced to a provisional execution declaration citing the Defendant’s claim that “the Plaintiff shall pay the indemnity amount of KRW 1,499,971 and its delay damages to the Defendant” from this Court (2015dada74948), and the said judgment became final and conclusive on November 23, 2016.
[Ground of recognition] There is no dispute.