배당이의의소
1. Of the distribution schedule prepared on September 23, 2015, this Court concerning the case of the voluntary auction of real estate A and B in this Court.
1. Basic facts
A. On October 4, 2013, the Plaintiff acquired the right to collateral security concerning each of the real estate, machinery, and equipment listed in the separate sheet No. 1 through No. 17 (Attachment Form No. 1 to No. 24 of the Evaluation Table of Machinery, Instruments, etc.; hereinafter, real estate for auction purpose and machinery and equipment collectively referred to as “distribution 1”) from the new bank from the new bank, and filed an application for an auction on dividends 1, etc. (hereinafter “advance auction”) with the court. The court rendered a decision to commence the auction on October 7, 2013.
On December 12, 2013, the period for demanding the distribution of the preceding auction was December 12, 2013, and the non-party Labor Welfare Corporation demanded the distribution of KRW 488,037,30 against the debtor and owner of the dividend goods on December 2, 2013.
B. The Defendant applied for an auction (hereinafter “after auction”) on February 25, 2014 as a mortgagee of each of the real estate listed in [Attachment List Nos. 18 through 26 (except for presentation in [Attachment List No. 26-5] and each of the machinery and equipment listed in [Attachment List No. 26-5] Nos. 25 through 29 in [Attachment List No. 26] and [Attachment List No. 25 through 29 (hereinafter “the real estate and machinery for auction purposes”) and filed an application for an auction on dividends No. 2 with this Court for a joint use of dividends No. 1 and entrance. 2, and the auction case was consolidated in the preceding auction case.
Although May 7, 2014, the period for the demand for distribution of the latter auction had been on May 7, 2014, the Korea Labor Welfare Corporation did not demand a distribution until the period for the demand for distribution.
(c) The appraised value of each machinery or apparatus subject to the auction shall be as specified in the detailed statement of appraisal of the relevant machinery or apparatus;
The 1st distribution and the 2st distribution goods have been sold in a lump sum at KRW 5,800,000.
The appraised value of dividends 1 = the total of 7,854,751,30 won = the building 6,562,215,00 won, 892,474,00 won, and 305,06,300 won, other than the building 119,410.