배당이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Basic Facts
The plaintiff is a special corporation established under the Credit Guarantee Fund Act to guarantee the debt of an enterprise which lacks security capability.
On July 3, 2014, the Plaintiff completed the provisional attachment registration of KRW 760,00,000 as to the claimed amount in relation to the housing of approximately 222 square meters in Seodaemun-gu Seoul and its ground (hereinafter “instant real estate”).
On May 27, 2015, the entry of “stock company,” which is included in the name of company Daesung Firti or lower, is omitted. On May 27, 2015, the Plaintiff acquired the instant real estate and Seodaemun-gu D, E, F, G, H, and I’s land and buildings on each of the instant real estate from the Savings Bank, Samsung Mutual Savings Bank, and NonSS Savings Bank as joint collateral (hereinafter “instant joint collateral real estate”) with the maximum debt amount of 18.2 billion won set up as joint collateral, and completed a supplementary registration prior to the same day.
(hereinafter “The instant right to collateral security”). Around June 2016, 2016, Masung Flati applied for a voluntary auction based on the instant right to collateral security, and on June 14, 2016, Seoul Western District Court A opened the procedure of voluntary auction on the instant real estate.
(hereinafter “instant auction procedure”). On September 30, 2016, the Defendant acquired the instant right to collateral security from Sung Favour on September 30, 2016 during the instant auction procedure, and completed the supplementary registration prior to the right to collateral security on November 3, 2016.
In the instant auction procedure, the Defendant reported his claim amount to KRW 5 billion, and the distribution schedule was prepared on September 6, 2017 (hereinafter “instant distribution schedule”). The amount of dividends to the Defendant out of the instant distribution schedule is KRW 3,978,120,117, and the amount of dividends to the Plaintiff is KRW 0.
On September 6, 2017, the Plaintiff raised an objection regarding KRW 1,210,587,451 of the instant dividend table against the Defendant on the date of distribution.
On the other hand, the Korea Investment Savings Bank applied for a compulsory auction on the instant joint-mortgaged real estate in around 2014, and the Seoul Western District Court J on May 8, 2014.