배당이의
1. Of the distribution schedule prepared by the above court on January 16, 2018 with respect to the case of application for compulsory auction against B real estate by the Incheon District Court.
1. Facts of recognition;
A. On January 9, 2009, the Plaintiff entered into a sales contract with C reconstruction Association (Establishment based on the Special Act on the Development of Traditional Markets and Shopping Districts, etc.; hereinafter “Inward Association”) to be supplied with KRW 234,300,000 with E-building 103 newly constructed on the ground of the Nam-gu Incheon Metropolitan City D (hereinafter “instant real estate”).
B. As to the instant real estate, the registration of ownership transfer was completed on September 15, 201 in the name of the non-party partnership on September 15, 201, and on September 26, 2011 in the name of the plaintiff on September 23, 2011 on September 23, 2011.
C. On June 17, 2014, the Defendant filed a lawsuit against the Plaintiff for the payment of the purchase price by subrogation against the obligee’s claim against the non-party partnership 2014Gahap54904, Incheon District Court, and was sentenced to a partial winning judgment (hereinafter “the first instance judgment”) that ordered the payment of KRW 52,403,258 on May 11, 2016 and KRW 52,403,258 at the rate of 17.35% per annum from May 17, 2013 to the date of full payment.
On September 28, 2016, the Defendant filed a request for auction concerning the instant real estate on September 28, 2016, and started the procedure for compulsory auction by Incheon District Court B on September 29, 2016, and the said real estate was sold on November 20, 2017 at the above auction procedure.
E. On January 16, 2018, the auction court held that: (a) KRW 219,44,394, the amount to be actually distributed on the date of the distribution is KRW 130,00,000 to the lessee F with the first fixed date; and (b) KRW 89,44,394 to the second defendant (the authentic copy of the judgment); and (c) hereinafter referred to as “the instant distribution schedule” as “the instant distribution schedule.
A. Around January 18, 2018, the Plaintiff appeared in the capacity of the debtor and the owner of the instant real estate on the date of distribution, and stated an objection against the entire amount distributed to the Defendant, and filed a lawsuit of demurrer against distribution on January 18, 2018.
F. Following the judgment of the first instance court, the Plaintiff and the Defendant appealed respectively, and the Seoul High Court subrogated on November 14, 2017.