배당이의
1. Of the distribution schedule prepared on March 10, 2016 by the above court with respect to the Busan District Court B real estate auction cases.
1. Factual basis
A. The Industrial Bank of Korea completed the registration of the establishment of a mortgage over KRW 182,00,000,000 on May 7, 2013, with respect to the registration of the establishment of a mortgage over the 12th century owned by C’s representative director D (hereinafter “instant real estate”), starting a transaction with C Co., Ltd. (hereinafter “C”) for the issuance of a term import credit (hereinafter “the instant L/C transaction”).
On March 3, 2015, the Industrial Bank of Korea transferred the right to collateral security against C and the right to collateral security against the instant real estate to the Korea Securities Finance Corporation. On March 27, 2015, the Korea Securities Finance Corporation re-transfer the right to collateral security to the Plaintiff.
B. On December 1, 2009, the Plaintiff completed the move-in report on December 1, 2009 and filed a report on the right and demand for distribution of KRW 70,000,000 as a lessee who obtained the fixed date on November 3, 201.
On March 10, 2016, the above auction court made a distribution schedule of KRW 194,320,154, which is to be actually distributed after deducting expenses from the proceeds from the sale of real estate, to the Defendant, and distributed the remainder of KRW 124,320,154 to the Plaintiff. Of dividends against the Defendant on the date of distribution, the Plaintiff raised an objection against KRW 57,679,846, and Samsung Card Co., Ltd., a distribution right holder, raised an objection against KRW 12,320,154.
(C) The Sung Card Co., Ltd. filed a lawsuit of demurrer against distribution with the court 2016da15095.
The Defendant is in a private relationship with F, the husband of the instant real estate owner D, and the Defendant and D, on June 24, 2013, confirmed that they were using the instant real estate without compensation without a lease contract when providing the said real estate as collateral for their return to the Republic of Korea. If it is found that it is different from the facts later, they did not raise an objection even if they were to take measures for recovery of claims at their return to the Republic of Korea.