배당이의
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
1. Basic facts
A. On August 26, 2010, the Plaintiff lent KRW 400,000,00 to D on the same day, and completed the registration of the establishment of a neighboring mortgage at KRW 520,000,000 with respect to each of the lands listed in the separate sheet Nos. 1 through 5 owned by Nonparty E on the same day (hereinafter “each of the instant lands”).
B. E newly constructs each land listed in separate sheet Nos. 6 through 14 (hereinafter “instant building”) on each land listed in separate sheet Nos. 1, 3, and 4, and simultaneously completes registration of ownership preservation on March 28, 2012.
C. On July 17, 2012, the Defendant, as a registered credit service provider, lent KRW 130,00,000 to E with interest rate of KRW 36% per annum (39% per annum) and due date for payment on August 16, 2012 (hereinafter “instant loan”). The Defendant completed the registration of the establishment of a mortgage on each building listed in the attached Tables 6 through 13 of the same day as a total amount of KRW 160,00,000 and the maximum debt amount of KRW 80,000,000 for securing the above loan claim.
On December 28, 2012, the Plaintiff completed the registration of the establishment of a neighboring building in which additional maximum debt amount is KRW 520,000,000 regarding the instant building for the purpose of securing loan claims against the said D.
E. Each of the instant lands and buildings was proceeds from voluntary auction procedures (hereinafter “instant auction procedures”) under the jurisdiction of the Gwangju District Court B and C, and was sold to a third party on December 10, 2014.
F. On January 28, 2015, on the date of distribution of the instant auction procedure, the said court drafted a distribution schedule to distribute KRW 161,805,980 to the Plaintiff as a mortgagee (hereinafter “instant distribution schedule”) the amount of KRW 160,00,000 and KRW 240,000 as a mortgagee, as a mortgagee, as a mortgagee of a right to lease on a deposit basis, and KRW 80,00,000,000, as a mortgagee, as a mortgagee.
G. The plaintiff appeared on the above date of distribution and made the full amount of 240,000,000 won against the defendant among the distribution schedule of this case.