배당이의
1. The document prepared on August 11, 2016 by the above court with regard to the case of application for the auction of real estate rent C in the Chuncheon District Court Gangnam branch court.
1. Basic facts
A. On October 31, 2008, the plaintiff filed a lawsuit against the non-party D with the Seoul Central District Court Decision 2008Gada1635486, and the above judgment became final and conclusive on October 31, 2008, "D shall pay to the plaintiff 16,967,281 won and 6,440,000 won per annum from December 28, 2004 to October 28, 2008, and 20% per annum from the next day to the day of full payment."
B. On December 18, 1987, Non-Party F transferred ownership on Non-Party D’s land Nos. 1, 2, and 4 (hereinafter “the instant real estate”). On April 27, 1991, Non-Party D again transferred ownership.
C. As to the instant real estate, the registration of creation of a mortgage (hereinafter “the first collateral mortgage”) was completed on December 1, 1988 by the maximum debt amount of KRW 9,900,000, and by the debtor G and the mortgagee H, and the Defendant A completed the registration of establishment of a collateral security (hereinafter “the first collateral security”) on June 5, 1992.
C. As to the instant real estate, the maximum debt amount of September 22, 1989 KRW 9,990,000, the debtor F and the Defendant B’s establishment registration of the mortgage (hereinafter “second collateral mortgage”) was completed.
On August 11, 2016, the auction court opened a date of distribution on which the claim was sought with respect to the instant real estate owned by Nonparty D, and prepared the instant distribution schedule in order to distribute KRW 1,843,710,90,00 to Defendant A, who is the first collateral mortgagee, the first collateral mortgagee, KRW 9,00,000, and KRW 9,939,596,596, respectively, to Defendant B, the second collateral mortgagee, who is the second collateral mortgagee, in the order of priority.
E. The Plaintiff appeared on the date of distribution, and stated an objection against the dividend amount to the Defendants among the instant distribution schedule, and filed the instant lawsuit.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 2, the purport of the whole pleadings
2. Determination
A. The gist of the Plaintiff’s assertion is that of the instant real estate.