배당이의
1. Defendant . Of the distribution schedule prepared by the above court on February 21, 2017 with respect to the case of a compulsory auction by G real estate of the Incheon District Court.
1. Determination as to the claim against Defendant E
A. Basic facts 1) Nonparty H (hereinafter “H”)
(2) On June 2, 1989, the Plaintiff and Defendant E, as the receipt of the Incheon District Court on June 2, 1989, are as follows: (a) 775 square meters and 775 square meters and 775 square meters prior to J, Nam-gu, Incheon (hereinafter “each of the instant
(2) On January 19, 2006, Defendant E completed the registration of transfer of ownership based on the sale and purchase on December 27, 1984, with respect to each of the shares of H out of each of the instant real property on the ground of a mortgage agreement (hereinafter “mortgage agreement”) signed on January 19, 2006 on the basis of each of the instant real property as to each of the shares owned by H (hereinafter “mortgage agreement”). Defendant E completed the registration of transfer of ownership based on each of the instant real property as “the maximum amount of the claims, 100,000,000 won, debtor H and Defendant E” (hereinafter “the registration of transfer of ownership”).
3) On September 22, 2015, the Incheon District Court rendered a decision to commence compulsory sale of shares owned by H among each of the instant real estate, thereby having rendered a decision to commence compulsory sale. In allocating KRW 232,712,481, the amount to be actually distributed after deducting execution expenses from the date of distribution implemented on February 21, 2017, the Incheon District Court distributed dividends of KRW 232,712,481, the following content of the distribution schedule (hereinafter “instant distribution schedule”):
(1) The Plaintiff E-mortgage No. 100,00,000,000 for Defendant E-mortgage No. 100,000,273,972 and 23,065,0692 Plaintiff E-mortgage No. 111,150,684,161,083 and Plaintiff E-mortgage No. 2, 57,583,561,561, 163, 143,5452, 3013,452,9542 L-mortgage No. 91,493,698,60,000,000,000,000,063,065, 49992, Plaintiff No. 2, who was entitled to demand a distribution, was present on the date of distribution, and made a statement on the amount of distribution to Defendant C’s 16,581,6379,298,296,28
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5, and 7, the purport of the whole pleadings
B. Defendant E’s assertion 1 Plaintiffs’ assertion that Defendant E extended loans to H.