배당이의
1. The case shall be prepared on April 12, 2018 by the above court with respect to the compulsory auction of real estate D in the Chuncheon District Court Gangnam branch court.
1. Basic facts
A. On August 9, 2005, the Plaintiff lent KRW 20 million to E, and KRW 20 million on September 5, 2005, respectively. On June 20, 2006, the Daejeon District Court (Seoul District Court Decision 2006Kadan2452, Jun. 20, 2006, attached a provisional attachment of KRW 23835/7,504 (hereinafter “instant share”).
B. As to the instant share, the right to collateral security of KRW 100 million was established in the future of G on July 18, 2006.
On July 18, 2006, the Plaintiff filed a lawsuit seeking the payment of loans KRW 40 million against E and G and the cancellation of the mortgage contract and the cancellation of the registration of the establishment of a neighboring mortgage as the Daejeon District Court Branch of Daejeon District Court Decision 2006Kadan25055, and the above court rendered a ruling accepting the Plaintiff’s claim on November 10, 2006, and the above judgment became final and conclusive on December 8, 2006.
C. After the pronouncement of the above judgment, the right to collateral security of KRW 100 million with respect to the instant shares was established on November 27, 2006 in the future of the defendant, who is his father and wife of G, on November 24, 2006 (hereinafter “the right to collateral security”).
On May 17, 2007, the Plaintiff cancelled the registration of the establishment of the neighboring mortgage that was completed in G in the future based on the above final judgment.
On August 11, 2017, as the Plaintiff’s provisional attachment was implemented as a principal attachment, a compulsory auction was commenced for the instant shares to Chuncheon District Court D, and on April 12, 2018, at the above auction procedure, a distribution table (hereinafter referred to as “instant distribution table”) was prepared to distribute KRW 29,636,871 to the Defendant, who is a mortgagee, succeeding to the Gangseo-si, the National Health Insurance Corporation, and the Si of Ansan-si. The Plaintiff filed a lawsuit of demurrer to the distribution on the date of distribution on the same day after the Plaintiff stated an objection against the total amount of the Defendant’s distribution on the date of distribution.
[Grounds for Recognition: Facts that are obvious to this Court, entries in Gap evidence 1, 2, and 3, the purport of the whole pleadings]
2. The Plaintiff’s judgment on the cause of the claim shall be based on the instant mortgage.