배당이의
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The facts below the basis of facts do not conflict between the parties, or can be acknowledged in full view of the purport of the whole pleadings in each entry of Gap evidence Nos. 1 to 5 and Eul evidence No. 1 (including branch numbers, if any).
On July 1, 2009, the Busan District Court rendered a judgment that "the above non-party company shall pay to the non-party Korea Housing Finance Corporation 791,364,601 won and 746,215,731 won per annum from April 2004 to July 1, 2004; 15% per annum from the next day to March 25, 2009; and 20% per annum from the next day to the date of full payment."
B. On October 30, 2013, the Korea Housing Finance Corporation transferred the claim for the reimbursement claim to the Plaintiff by the Busan District Court 2009Da31242, and around that time notified the non-party company of the assignment of the claim.
C. On April 5, 2016, real estate owned by Nonparty Company, etc. was decided by the Changwon District Court Jinju Branch A to commence the auction procedure (hereinafter “instant auction procedure”). In the instant auction procedure, the fixed period for the demand for distribution was determined as “ June 21, 2016.”
On June 21, 2016, the Plaintiff submitted “the report on the right and the demand for distribution” in the auction procedure of the instant case as follows: “The amount in the judgment: KRW 791,364,601; KRW 1,640,141,286 (as at the end of 2016/016/016/21); the sum of KRW 2,431,505,887.”
E. On March 15, 2017, the Plaintiff was a successor to the Korea Housing Finance Corporation to enforce compulsory execution against the non-party company based on the judgment of the aforementioned Busan District Court 2009Da31242 claim amount.