배당이의
1. The plaintiff's primary claim and the first preliminary claim are all dismissed.
2. Chuncheon District Court C.
1. Basic facts
A. On September 1, 2014, the Plaintiff lent KRW 60 million (interest rate of KRW 2.5% per month and maturity of payment March 20, 2015) to D Co., Ltd. (hereinafter “D”) on September 1, 2014, and completed the registration of the establishment of a neighboring mortgage of KRW 84 million with respect to the maximum debt amount of KRW 2237 square meters per annum (hereinafter “instant real estate”), which is owned by D on the same day, to secure this.
B. Meanwhile, on the other hand, the Defendant lent KRW 70 million to E on December 26, 201, and repaid KRW 8 million on October 19, 2012, KRW 20 million on December 13, 2012, KRW 28 million on December 13, 2012, and extended KRW 25 million on April 17, 2013.
C. On January 20, 2014, E drafted a certificate of loan (No. 5, hereinafter “the instant certificate of loan”) with the loan amounting to KRW 75 million (hereinafter “instant loan”) to the Defendant. D.
In order to secure the instant loan, on January 21, 2014, the Defendant completed the registration of creation of a neighboring mortgage (hereinafter “registration of this case”) with respect to the instant real estate and E-Si G land owned by the Defendant, with a maximum debt amount of KRW 50 million,00,000,000.
E. On August 2015, the Plaintiff applied for a voluntary auction on the instant real estate to the Chuncheon District Court C, and on August 18, 2015, the decision to commence voluntary auction was rendered.
F. The Defendant received additional reimbursement of KRW 5 million from E on October 8, 2015, KRW 45 million on January 6, 2016, and KRW 50 million on a total amount of KRW 50 million.
G. In the above voluntary auction case, the Plaintiff submitted a claim statement of KRW 85,672,131 (=interest of KRW 60 million) (=interest of KRW 25,672,131). The Defendant submitted a claim statement of KRW 51,533,00 in total (=interest of KRW 50 million from January 6, 2016 to the date of distribution).
H. Accordingly, on April 4, 2016, the distribution court prepared a distribution schedule (hereinafter “instant distribution schedule”) with the content that the Defendant, the mortgagee of the right to collateral security, distributes KRW 50 million to the Plaintiff, and distributes KRW 19,105,525 to the Plaintiff, in the third order among the amount actually distributed as of April 4, 2016.
I. The Plaintiff on April 4, 2016.