배당이의
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The reasons why this Court stated in this part of the basic facts are the same as that of “1. Basic Facts” in the reasoning of the judgment of the court of first instance, unless the following parts are excluded, and thus, they are included in the summary pursuant to the main sentence of Article 420 of the Civil Procedure Act.
Part 3, "The date of the open distribution on March 16, 2018" in Part 2 has been cut to "the date of the open distribution on March 16, 2018 (hereinafter referred to as "the date of the distribution of this case")".
2. Summary of the parties' arguments
A. For the following reasons, the secured obligation of the instant right to collateral security was merely KRW 440 million, and thus, the part exceeding the above amount out of the amount distributed to the Defendant on the date of distribution of the instant case is unlawful.
Therefore, the amount of dividends of the Defendant should be reduced to KRW 40 million, and the difference between the amount of KRW 750 million distributed to the Defendant and the above amount ( KRW 310 million) should be distributed to the Plaintiff.
1) In the course of borrowing money from the Defendant, the Plaintiff, while selling the instant real estate to W, performed a loan as security and received the balance of the purchase price as the loan. The YY association, which was a financial institution in charge of the said loan, demanded W to first arrange various burdens (such as lease deposit, provisional seizure, etc.) on the said real estate under the prior agreement of the loan, and W intended to raise the funds necessary therefor as the money borrowed from the Defendant as security (a loan to the Defendant was planned to repay the money upon the execution of the loan from Y association).
(2) The loan of this case was made at W’s request that there was a need for financing as above. (2) The loan of this case was made at KRW 440 million and the amount that the Plaintiff received after the Plaintiff entered into a monetary loan agreement with the Defendant was KRW 480 million. Of them, KRW 40 million was transferred to the Defendant X account at the Defendant’s request immediately after the loan.
Therefore, the above KRW 40 million is worth.