배당이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. As to the real estate listed in the separate sheet (hereinafter “instant real estate”), D, and E, the Seoul Central District Court registered the Seoul Central District Court on November 21, 2013, as the receipt of No. 277659, Nov. 8, 2013, respectively, registered the transfer of ownership on November 8, 2013.
B. As to the instant real estate, on November 21, 2013, the foregoing registry was received on November 21, 2013, KRW 336,60,000 of the maximum debt amount, and KRW 336,60,000 of the debtor, E-mortgage Co., Ltd. (hereinafter “Korea bank”), and the establishment registration of the mortgage was completed.
C. According to the Seoul Central District Court’s decision of provisional attachment (2015Kadan64) on January 19, 2015, the provisional attachment registration, which was the claim amount of 188,276,713 won, and the creditor A (the plaintiff in this case) on January 19, 2015, was completed as of January 19, 2015.
On March 3, 2015, the Defendant entered into a lease agreement between the aforementioned D with the lease deposit amount of KRW 100,000,000 and the period from May 16, 2015 to May 15, 2017 (hereinafter “instant lease agreement”), and paid KRW 100,000,000 to the said D several times during the period from May 3, 2015, and received the move-in report and the fixed date on July 3, 2015.
E. On August 8, 2016, our bank received a decision on the voluntary auction (C) from the Seoul Central District Court on August 8, 2016 regarding the instant real estate, and started the auction procedure.
F. On the date of distribution on April 13, 2017, the auction court shall have the authority to issue (i) 1,242,860 won to Gwanak-gu in Seoul Special Metropolitan City (i.e., Seoul Special Metropolitan City), and 841,020 won to Gwanak-gu, Seoul Special Metropolitan City(ii), which is the holder of the right to deliver (ii), and 336,60,000 won to the bank of the mortgagee (i) who is the applicant creditor (ii) in the second order, and 5,160,630 won to the bank of the applicant creditor(i) in the third order, and 3,125,240 won to the head of the National Health Insurance Corporation (public charges) who is the holder of the right to deliver (i) in the fourth order, and 5th order to F, who is the holder of the right to deliver (i) in the second order.