배당이의
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. C Co., Ltd. (hereinafter “C”) completed the registration of ownership transfer on each real estate listed in the separate sheet No. 2 (hereinafter “each of the instant real estate”) on January 18, 2012 due to sale and purchase on December 2, 2011.
B. (1) In order to secure a loan claim against C, the Korean bank (hereinafter “Korea bank”) shall be deemed to be the real estate indicated in attached Table 2 List A (hereinafter “instant land”) with the maximum debt amount of KRW 6.3.6 million as to each of the instant real estate.
(B) The date of the contract to establish a contract: The real estate listed in the separate sheet No. 2(b) of June 30, 2010 and the attached sheet No. 2 (hereinafter “instant building”).
(A) The date of additional contract concerning the instant building: (a) the registration date of creation of a neighboring mortgage (the date of the contract concerning the instant land: October 14, 2010; the date of additional contract concerning the instant building: January 2, 2012) and the maximum amount of debt as KRW 24 million are completed, respectively.
Shebly, in order to secure the claim for a loan to C, the Bank completed the registration of establishment of a collateral with the maximum debt amount of KRW 21.6 million as to each of the instant real estate on the grounds of the contract to establish a contract on January 18, 2012.
[1] Each of the above claims is referred to as "each of the instant collective security interests," hereinafter.
(1) In order for our bank to obtain the repayment of each of the instant claims against C, the competent court rendered a decision to commence the auction of each of the instant real estate on January 16, 2013 (hereinafter “instant voluntary auction case”), and on January 16, 2013, the registration of the decision to commence the auction was completed on January 16, 2013.
On the other hand, with respect to the instant voluntary auction case, the execution court designated the completion period to demand a distribution on April 23, 2013, and publicly announced it.
The appraised value of each of the real estate of this case shall be 361,653.