배당이의
1. Revocation of a judgment of the first instance;
2. On October 2014, the Suwon District Court C with respect to the case of voluntary auction of real estate.
1. Basic facts
A. The real estate at issue in this case of F 498 square meters, G 587 square meters, G 115 square meters prior to H (hereinafter “instant real estate”) and 555 square meters prior to M, which is owned by E, is located in AD in the Mari in the Mari-si.
The location, land category, and area below shall be omitted and specified only by the lot number.
On September 10, 2012, the procedure of the auction of real estate was initiated with the Suwon District Court C on September 10, 2012 upon the application of the community credit cooperatives in Korea.
(hereinafter “instant auction”). (b)
At the time of the auction of this case, the instant real estate was: ① the establishment registration of a mortgage on June 25, 2001, which was the debtor D, the mortgagee, and the community credit cooperatives within the mortgagee of the right to collateral security, ② the maximum debt amount of KRW 100,000,000,000,000,000,000 won (hereinafter “the instant mortgage”); ③ the establishment registration of a mortgage on July 1, 2003, the mortgagee of the right to collateral security (hereinafter “the instant mortgage”); ③ the establishment registration of a mortgage on July 7, 2008, which was the debtor C, and the community credit cooperatives within the mortgagee of the right to collateral security (hereinafter “A”), the debtor, E, and the association of the right to collateral security (hereinafter “the Plaintiff”), and each land was completed on July 1, 2008, five hundred eight million,000,000 won,000 won, and five hundred eight,000,000 won,00 won,00 won.
C. On the date of distribution of the instant auction held on October 27, 2014, the Korea Community Credit Cooperatives, an applicant creditor, was paid KRW 16,420,90 based on the right to collateral security, KRW 1,321,740 as the Defendant’s collection right, KRW 15,35,811 based on the right to collateral security, and KRW 83,344,613 based on the instant right to collateral security, respectively.
On November 3, 2014, the Plaintiff made a statement of objection to the whole amount of dividends to the Defendant on the date of distribution, and filed the instant lawsuit on November 3, 2014, which was seven days thereafter.
【Ground of recognition】 There is no dispute.