배당이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On December 23, 2010, the Plaintiff, while lending KRW 161,00,000 to B, set the right to collateral security of KRW 209,300,000 with respect to Article 101, 1506, Bupyeong-gu, Incheon, Bupyeong-gu, Incheon.
On March 21, 2016, the Plaintiff filed an application for voluntary auction with respect to the said apartment by stating that “a loan of KRW 166,813,210, and KRW 158,00,000 out of the above money shall be interest at the rate of 19% from March 18, 2016 to the date of full payment.”
Accordingly, the voluntary auction procedure was commenced on March 22, 2016.
On December 22, 2016, the Plaintiff submitted a claim statement stating that the amount of the claim is KRW 158,00,000,000 for principal and interest from July 24, 2015 to July 24, 2015, the interest amount of KRW 21,149,050 for other incidental claims, including incidental claims of KRW 2,874,90 for other expenses, and KRW 182,023,950 for the aforementioned voluntary auction procedure.
On January 18, 2017, the auction court distributed KRW 240,40,40,60 to Bupyeong-gu, Incheon Metropolitan City, which is the person holding the right to deliver the relevant tax, KRW 179,149,050 ( principal KRW 158,00,000), and KRW 60,982,702 to the defendant who is the person holding the right to seize the tax claim, who is the person holding the right to seize the relevant tax, and KRW 179,149,050 (principal KRW 158,00,000), and KRW 1,149,050.
On the date of distribution, the Plaintiff raised an objection to KRW 12,766,670 out of the amount of dividends against the Defendant, and filed the instant lawsuit within seven days.
[Reasons for Recognition] Facts without dispute, Gap 1-3 evidence, Eul 1-2 evidence, the purport of the whole pleadings
2. The plaintiff asserted that the plaintiff received dividends of the total amount of KRW 158,00,000 and KRW 192,062,900 per annum from the date of full payment until the date of the application for auction, but the auction court distributed only KRW 179,149,058, which is less than that of KRW 12,913,858, and distributed the remainder to the defendant who is a subordinate.
Therefore, the Plaintiff seeks to delete KRW 12,766,670, which is the amount of the Plaintiff’s objection against the distribution from the amount distributed to the Defendant and distribute the amount to the Plaintiff among the above KRW 12,913,858.
3. The creditor shall apply for auction in an auction procedure for the exercise of the judgment right.