배당이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On August 28, 2015, the Plaintiff loaned KRW 399,00,000,000, at interest rate of 4.61% from the OSB Savings Bank (hereinafter “instant collateral security”). On the same day, the Plaintiff completed the registration of creation of a collateral (hereinafter “instant collateral security”) with respect to the registration of creation of a mortgage with a maximum debt amount of KRW 478,80,000,00 against the OSB Savings Bank (hereinafter “instant real property”).
B. Since June 21, 2016, the decision to commence an auction procedure had been in progress according to the remainder of the decision to commence the auction procedure (hereinafter “instant auction procedure”) as the Busan District Court Branch B and C (Dupl) with respect to the instant real estate.
C. On June 28, 2016, Defendant U.S. L. L. L.S. L. L. L.C. (hereinafter “Defendant L.S. loan”) acquired the instant secured debt from O.S. Savings Bank, and completed the registration of transfer of the instant secured debt.
On June 28, 2016, the Defendant Lending Company borrowed KRW 359,000,000 from Defendant C&T (hereinafter “Defendant Cooperative”) at interest rate of 3.11% per annum, and completed the registration of the pledge on the instant right to collateral security with the Defendant Cooperative.
E. In the instant auction procedure, on January 26, 2017, the Defendant Union submitted a claim statement of KRW 359,00,00 for principal and KRW 1,118,89 for interest and KRW 360,118,89 for interest and KRW 369 for interest and KRW 395,90 for interest and KRW 395,90,79 for interest and KRW 68,378,793 for interest and KRW 68,793 for interest and KRW 68,793 for interest and KRW 1,726,650 for auction deposit and KRW 466,06,241 for the Defendant Company.
F. On February 21, 2017, the executing court prepared a distribution schedule that distributes the amount of KRW 360,118,89, and KRW 99,461,338 to the Defendant Lending Company, the mortgagee of the instant real estate (hereinafter “instant distribution schedule”) among the sales proceeds of the instant real estate.
G. On February 21, 2017, the Plaintiff appeared on the date of distribution and appeared on the date of distribution.