배당이의
1. The part of the judgment of the court of first instance against the plaintiff (appointed party) shall be revoked.
2. The plaintiff (appointed)'s claim.
1. The instant court rendered an objection to the amount of dividends distributed by the Defendant, sought correction of the distribution schedule, and filed the instant lawsuit. The first instance court rendered a judgment that accepted the Plaintiff’s claim and dismissed the designated parties’ claim.
After all, the defendant filed an appeal to revoke the part against the defendant (the plaintiff's claim part), but the designated parties did not file an appeal, so the part of the claim by the designated parties except the plaintiff in the first instance judgment was separated and finalized.
2. Basic facts
A. On January 14, 2014, after the completion of the registration of creation of a neighboring mortgage of KRW 325 million on the maximum amount of debt and on November 25, 2016, the K association transferred the above collateral security to L corporation, on the same day, the establishment of a pledge on the said collateral security (hereinafter referred to as “each of the instant real estate”), with respect to the light capacity, steel structure, and other 80.4 square meters (hereinafter referred to as “each of the instant real estate”) of a single roof on the ground of the building of JJ in a substantial area of Cheongju-si, a corporation (hereinafter referred to as “I”) in which the registration of ownership transfer was completed under the name of Cheongju-si Co., Ltd., Ltd. and the establishment of a pledge on the said collateral security (hereinafter referred to as “instant land”).
B. On January 17, 2018, the Defendant paid the instant real estate at a successful bid and completed the registration of ownership transfer on the same day by the Cheongju District Court HH on each of the instant real estate by the KR association.
In addition, the defendant acquired the right to collateral security from L on the same day.
C. In the above voluntary auction procedure with respect to each real estate of this case, the Plaintiff was selected as the designated party by the relevant designated party as shown in the attached list. On February 23, 2018, the executing court prepared a distribution schedule that distributes the amount of KRW 299,778,107 to be actually distributed as follows (hereinafter “instant distribution schedule”).
The amount of debt within the maximum debt amount for creditors with dividend priority.