배당이의
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. Facts of recognition;
A. On September 24, 1998, the Mutual Saving and Finance Company for the Plaintiff’s Credit (1) loaned KRW 790,000,000 to E on September 24, 1998 under the joint and several guarantee of L, M, N, andO to E with interest rate of KRW 24% per annum, and on September 24, 1999, E lost its interest due to delinquency in the repayment of the above principal and interest amount.
(2) On April 16, 2003, the bankruptcy trustee of the Mutual Savings and Finance Company of Korea (Declaration of Bankruptcy on June 26, 2000) transferred the above principal and interest of loan to E to the Plaintiff and notified E of the fact of transferring the relevant credit around August 8, 2003.
(3) The plaintiff filed a lawsuit against E, etc. on the claim for the takeover amount as Seoul Central District Court 2003Da43061, and received a favorable judgment on February 24, 2005. The plaintiff appealed from Seoul High Court 2005Na27722, but the appeal was dismissed on December 8, 2005, but the appeal was again filed by E, etc. with Supreme Court 2006Da1589 again, but the appeal was dismissed on March 10, 2006.
B. On April 27, 201, E created a mortgage on the Defendant’s real estate owned by the Defendant: (a) registered the establishment of a mortgage of KRW 37,00,000 on the basis of the contract concluded by the Codefendant A on April 26, 2011; (b) registered the establishment of a mortgage of KRW 38,00,000 on the basis of the contract concluded by the Codefendant B of the first instance trial on April 26, 2011; and (c) registered the establishment of a mortgage of KRW 160,00,000 on the ground of the contract concluded by the Codefendant B of the first instance trial on April 26, 2011; and (c) the Defendant’s establishment of a mortgage of KRW 160,00,000 on the basis of the contract concluded by the Defendant on April 27, 2011.
C. (1) On September 28, 201, the Plaintiff filed an application for compulsory auction (a claim amount: 1,206,920,623) with respect to each of the instant real estate owned by E with D on September 29, 201, and the compulsory auction procedure was commenced on September 29, 201, and on May 6, 2013, P, etc.