배당이의
1. Of the distribution schedule prepared by the same court on April 11, 2018 with respect to the application case for compulsory auction by Incheon District Court C.
1. Basic facts
A. On April 19, 2017, the compulsory auction procedure was initiated on April 19, 2017 as Incheon District Court C, and the voluntary auction procedure was initiated on June 14, 2017 as Incheon District Court G on June 14, 2017.
B. At the above auction procedure on April 11, 2018, a distribution schedule was prepared, which distributes each of the amount of KRW 45,000,000 to the Defendant, who is the third mortgagee, the third mortgagee, and KRW 6,392,836 to the Plaintiff, who is the fourth applicant creditor (general claim).
C. The Plaintiff appeared on the aforementioned date of distribution and raised an objection to the full amount of KRW 45 million distributed to the Defendant, and filed the instant lawsuit on April 18, 2018.
[Ground of recognition] Unsatisfy, entry of Gap 1, 2, and 3 evidence, and facts obvious to this court
2. The assertion and judgment
A. The plaintiff asserts that the defendant is not a mortgagee with a legitimate claim.
However, according to the following circumstances, it is reasonable for the defendant to regard D as the mortgagee holding the loan claim.
① On December 8, 2016, D drafted to the Defendant a certificate of borrowing “30 million won of principal, interest rate of KRW 2.5% per month,” and the certificate of borrowing was “the receipt of KRW 30 million and no objection is raised to the legal settlement of interest in the event of overdue payment.” The balance after the establishment of the mortgage is to be transferred.
12. On December 9, 201, the Defendant’s husband stated that “A transfer will be made under the Defendant’s husband H’s husband’s name, the maximum amount of KRW 45 million, and the maximum amount of KRW 45 million should be determined by attaching his/her certificate of personal seal impression and a certified copy of resident registration following the loan. ② On December 9, 2016, the Defendant applied for the registration of the establishment of a neighboring mortgage on the F building 202, and completed the registration of the establishment of a neighboring mortgage on the same day. ③ Moreover, the Defendant’s husband H transferred KRW 24,20,000 to D on December 9, 2016, which is the same day.”