배당이의
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. A. Voluntary auction procedure was initiated in this Court C with respect to the land of 21,995 square meters (hereinafter “instant real estate”) owned by the Defendant for the land of Do-dong, Chungcheongnam-dong, Chungcheongnam-gun, Seoul Special Metropolitan City (hereinafter “instant real estate”).
B. Accordingly, among the amount to be actually distributed under the distribution procedure of March 25, 2013 (hereinafter “instant distribution procedure”), the distribution schedule was formulated with the content that is distributed to the Defendant, the owner of the second-class creditor, the amount of KRW 23,850, the amount of KRW 34,000,000, KRW 67,320, KRW 7,391,947, KRW 90,000, KRW 90,000, KRW 1,860,000, KRW 741,552.
C. Meanwhile, the Plaintiff had a loan claim against the Defendant. However, on January 31, 2013, the Defendant received a decision on provisional seizure of claim (this Court Decision 2013Kadan214) regarding the surplus claim to be paid to the Defendant in the said distribution procedure, and subsequently won the loan lawsuit (which became final and conclusive on October 29, 2013) brought against the Defendant (which became final and conclusive on October 29, 2013), and accordingly, received the attachment and assignment order (this Court Decision 2013Ma5389) on November 18, 2013.
Based on the above attachment and assignment order, the Plaintiff received dividends of KRW 73,743 from the surplus deposited in the Defendant’s future in the distribution procedure in this court E-distribution procedure on January 10, 2014 (the amount calculated by adding interest to the surplus received by the Defendant in the above auction procedure and deducting the enforcement cost).
E. Meanwhile, the Plaintiff did not demand a distribution in the distribution procedure of the instant case, and there was no provisional seizure or seizure of the instant real estate.
In addition, the Plaintiff appeared in the distribution procedure of this case and raised no objection to the dividend.
【Ground of recognition】 Each entry of evidence Nos. 1 through 5, and the purport of the whole pleadings
2. Determination.