배당이의
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
1. On March 27, 2015, the Defendant completed the registration of the establishment of a collateral security (hereinafter “instant collateral security”) that was the Defendant of the obligor H, and the mortgagee’s right to collateral security (hereinafter “the instant collateral security”) with respect to the land owned by 312 square meters in Yongsan-si and E (hereinafter collectively “instant real estate”).
On February 27, 2019, the Plaintiff provisionally attached the E-owned portion of the instant real estate by having a gold claim of KRW 348,209,983 (No. 2017, No. 1496, Suwon District Court 2017) against E as a preserved right, which was KRW 2019 (Kawon District Court 2017, No. 20075).
On July 26, 2019, the Plaintiff applied for compulsory auction based on the above provisional seizure D with Suwon District Court D, and received a decision to commence compulsory auction from the above court.
On August 27, 2020, the court of execution prepared a distribution schedule (hereinafter referred to as the "distribution table of this case") containing the contents of each distribution of KRW 4,421,252 out of the amount of credit 412,807,201 to the plaintiff as the person holding the right of provisional seizure and the person holding the right of demand for distribution of dividends, who is the party holding the right of demand for distribution of dividends, among the amount of actual dividends of KRW 526,198,877, and the amount of credit of KRW 215,682,00,000 to the defendant.
On the above dividend date, the Plaintiff raised an objection against KRW 107,841,004 out of the dividend amount to the Defendant, and on September 3, 2020, the Plaintiff filed a lawsuit for objection to the instant dividend within one week.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. Since the Plaintiff’s auction procedure was conducted with respect to part of the real estate that is the object of the instant right to collateral security, the distribution should be made in proportion to the proceeds from the sale of each real estate. Accordingly, the amount of the reduced portion should be reduced to KRW 78,200,875 among the dividends paid to the Defendant. The said reduced portion should be distributed to
3. According to the first sentence of Article 368(2) of the Civil Act, in a case where a mortgage was created on several real estates as security for the same claim, the auction price for some of the real estates is first established.