배당이의
1. The plaintiff's primary and conjunctive claims are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On October 29, 2010, the D Association established a collateral security right of KRW 260 million with respect to the building of Pyeongtaek-si F, 444 square meters owned by E and its ground, G, 44 square meters prior to G, and H 7 square meters prior to H (hereinafter “each of the instant real estate”).
B. On August 22, 2013, I, the wife of the first right to collateral security (hereinafter “first right to collateral security”) set up a maximum debt amount of KRW 220 million with respect to Pyeongtaek-si F 444 square meters and its ground buildings, and the obligor E’s right to collateral security (hereinafter “first right to collateral security”).
I transferred the right to collateral security to the defendant on July 19, 2016 and March 16, 2017.
C. On November 12, 2014, the Defendant created the 2-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage (hereinafter
In addition, on December 3, 2014, E added 380 square meters of Pyeongtaek-si J Park (at that time, the owner of the said land was K. The said forest was converted into “L 370 square meters” on September 20, 2016) as collateral for the second mortgage.
The Plaintiff’s application for provisional attachment, etc. 1) The Plaintiff is a contractor who entered into a contract with E for construction work, and on June 1, 2015, seeks payment of construction cost, etc. against E (this Court Decision 2015Gahap1200, hereinafter “related judgment”).
On March 23, 2016, the above court rendered a judgment in favor of the Plaintiff that “E shall pay the Plaintiff 162,069,000 won with 5% interest per annum from February 3, 2016 to March 23, 2016, and 15% interest per annum from the next day to the date of full payment.” The above judgment became final and conclusive around that time. (2) On the other hand, on June 15, 2015, the provisional attachment registration was completed with the payment amount of KRW 249,000,000 as the preserved right.
(e)the preparation of a distribution schedule and as requested by the D Association.