배당이의
1. The plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Facts of recognition;
A. From March 7, 2006 to May 3, 2011, Defendant D lent a total of KRW 140 million to H, and Defendant C’s ar also lent money to H.
B. From November 2006 to November 15, 2012, H loaned a total of KRW 343,309,549 (hereinafter “instant loan”) to the Plaintiff at 30% per annum. The said money includes the money borrowed from Defendant D and I.
C. In order to secure the instant loan obligation, Plaintiff A registered the creation of a mortgage (hereinafter “mortgage 1”) with respect to the commercial buildings listed in paragraph (1) of the attached Table Nos. 1 of the attached Table Nos. 1 and the commercial buildings listed in paragraph (2) of the attached Table Nos. 2 (hereinafter collectively referred to as “instant commercial buildings”) owned by Plaintiff B, as the debtor. On November 15, 2006, Plaintiff A completed the registration of the creation of a mortgage (hereinafter referred to as “mortgage 1”) with a maximum debt amount of KRW 35 million, with a maximum debt amount of KRW H, the maximum debt amount of KRW 35 million as the mortgagee on August 20, 207, and the registration of the creation of a mortgage (hereinafter referred to as “mortgage 3”) with a maximum debt amount of KRW 35 million as the mortgagee on August 20, 207, respectively. < Amended by Act No. 8530, Aug. 20, 2007>
H On July 3, 2013, with respect to Nos. 1 and 2 collateral security, the registration of collateral security was completed to Defendant C on the ground of the transfer of confirmed claim.
Defendant C filed an application for voluntary auction (this court E) with respect to the instant commercial building based on the first and second collateral mortgages, and rendered a decision on voluntary auction on September 11, 2014.
E. In the above auction procedure, on November 29, 2016, the above court: (a) drafted a distribution schedule with the content of distributing KRW 35 million to Defendant C, the mortgagee of the right to collateral security; (b) KRW 35 million in the distribution order; and (c) KRW 60 million in the distribution order to Defendant D, respectively (hereinafter “instant distribution schedule”).
The Plaintiffs, who are debtors and owners, raised an objection to the total amount of dividends of the Defendants on the same date of distribution on the same date.
(f).