배당이의
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The following facts may be found either in dispute between the parties or in each entry in Gap evidence 1 to 3, either as a whole, as a whole, of the purport of the entire pleadings:
E has completed the registration of ownership transfer on May 29, 2006, F apartment No. 103 208 m208 m20 m20 m2 (hereinafter “instant real estate”).
B. Around August 2011, the Plaintiff filed a lawsuit against E, such as division of property, based on a de facto marital relationship (U.S. District Court Branch 2011ddan1123), and on May 4, 2012, the conciliation was concluded to the effect that “E shall pay to the Plaintiff KRW 52,00,000 by June 29, 2012. If the payment is not made by such date, the damages for delay calculated at the rate of 20% per annum from the following day to the date of the full payment.”
C. On September 5, 2011, the Plaintiff completed the provisional attachment registration upon receipt of a decision of provisional attachment order which constitutes 104,000,000 of the claimed amount with respect to the instant real estate.
On November 30, 2012, Defendant C completed the registration of creation of a mortgage over the real estate in this case as of November 30, 2012, the maximum debt amount of KRW 70,000,000, the debtor G (E) and the mortgagee C.
E. On February 20, 2013, the Plaintiff applied for a compulsory auction on the instant real estate, and the decision to commence compulsory auction was made on February 21, 2013.
(D) On March 26, 2014, the above court distributed KRW 13,00,000 to Defendant B, a lessee of a small amount of money, distributed KRW 49,695,643 to the Bank, Inc., the mortgagee of a collective security, distributed KRW 29,392,765 to the Plaintiff, the applicant creditor, and prepared a distribution schedule to distribute KRW 32,567,417 to Defendant C, the mortgagee of a collective security.
(g) The Plaintiff filed the instant lawsuit on March 31, 2014.
2. Claim against the defendant B
A. Defendant B entered into a contract to purchase the instant real estate with E, and thereafter the Plaintiff completed the provisional attachment registration to E.