배당이의
1. Of the distribution schedule prepared by the said court on June 9, 2014 in the case of the first instance auction of the real estate B located in the Chuncheon District Court.
1. The following facts may be found either in dispute between the parties or in full view of the respective entries and arguments in Gap evidence 1 to 4 (including paper numbers).
The Plaintiff lent money to the Defendant, and completed the registration of the establishment of a mortgage over the maximum debt amount of KRW 32,500,000 with respect to the apartment as indicated in the indication of the attached real estate owned by the Defendant as security, by the Chuncheon District Court, No. 2649, Mar. 12, 1993.
B. The Plaintiff filed an application for voluntary auction of the said real estate on the basis of the foregoing right to collateral security, and the auction procedure with the Seocho District Court Branch B (hereinafter “instant auction procedure”) was in progress. On June 9, 2014, the date of distribution of the instant case, the Plaintiff received KRW 32,50,000, and the Defendant received dividends of KRW 14,063,088, respectively.
C. Meanwhile, the Plaintiff’s claim against the Defendant was KRW 55,474,060, interest KRW 2,513,637, overdue interest KRW 11,904,383 on the basis of the date of distribution, and KRW 69,892,080.
Accordingly, the Plaintiff asserted that the principal and interest of the loan should be additionally distributed until the date of distribution exceeds the maximum amount of debt, and that the Defendant raised an objection to the whole amount of KRW 14,063,088 of the dividend amount, and filed the instant lawsuit on June 12, 2014, within one week thereafter.
2. In an auction procedure under the Civil Execution Act, if the person who created the right to collateral and the debtor are identical with the person who created the right to collateral security, the maximum debt amount of the right to collateral security cannot be viewed as the limitation of the liability that only claims within the maximum debt amount can be satisfied with the real estate.
Therefore, unless there is a creditor entitled to dividends or a second acquisitor pursuant to Article 148 of the Civil Execution Act, if the amount of claims of the mortgagee exceeds the maximum amount of claims of the right to collateral security, even if the amount exceeds the maximum amount of claims of the right to collateral security, it shall not be returned