배당이의
1. On May 29, 2017, the real estate Nos. 8 through 11 among the real estate listed in the separate sheet between the defendant and the non-party C.
1. Facts of recognition;
A. From around 2017, the Plaintiff issued orders to Nonparty C with multiple goods, such as the hydrotensions sold by Nonparty G in the name of C, and paid KRW 22 million to Nonparty C on May 10, 2017, but C did not supply the goods, thereby holding a claim for the return of the goods.
Since then, the Plaintiff filed an application for a payment order with C to claim for the return of the price of goods, and from the Chuncheon District Court Decision 2017Hu396, the Defendant received an order to pay “the obligor shall pay to the obligee KRW 22,00,000 and the amount calculated by the rate of 15% per annum from June 6, 2017 to the date of full payment.” The above payment order was finalized on June 20, 2017.
B. G operated a wholesale and retail business in the name of C, such as the foregoing subparagraph 1(A), and closed the wholesale and retail business from the end of April 2017 due to the difficulties in operating the wholesale and retail business.
The Defendant, as C and Spoon land, lent a total of KRW 273,60,000 to G four times from March 23, 2017 to April 28, 2017.
At the time, G was charged with a criminal charge on the ground that it borrowed money to many victims without any intention or ability to repay the money around 2017, and was punished for fraud.
The Defendant entered into a mortgage contract with C under the pretext of the agreement during which the criminal procedure of the above G is in progress, and C on May 29, 2017, set up a maximum debt amount of KRW 400 million in the future for the Defendant regarding real estate stated in the attached list owned by C.
C. At the time C created the right to collateral security of KRW 400 million for the Defendant’s future, regarding real estate Nos. 1 through 7 among the real estate indicated in the attached list, the right to collateral security was established over KRW 52,00,000 for the actual maximum debt amount, KRW 445,393,403 for the actual credit amount, and KRW 84,00,000 for the actual credit amount, and KRW 123,37,246 for real estate set forth in the attached list.