배당이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On July 7, 2009, when the Plaintiff had Ilsung Metal Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) engage in the transaction of supplying goods, such as pipes, the Plaintiff entered into a mortgage agreement between the Nonparty Co., Ltd. and the Nonparty Co., Ltd. to guarantee the Plaintiff’s obligations that were, or will be, currently borne by the Plaintiff. As to each real estate listed in the separate sheet owned by the Nonparty Co., Ltd. (hereinafter “instant real estate”), the establishment registration of a mortgage was completed on July 9, 2009 with respect to each real estate listed in the separate sheet owned by the Nonparty Co., Ltd. (hereinafter “instant real estate”).
(hereinafter “instant collateral security”). B.
On November 15, 2011, the Plaintiff entered into a partial transfer contract of the right to collateral security (hereinafter “instant partial transfer contract”) with the Defendant. On November 24, 2011, the additional registration of partial transfer of the right to collateral security under the Defendant’s name was completed as of November 24, 201.
(hereinafter referred to as “the instant supplementary registration”). C.
On the other hand, regarding the instant real estate, on January 30, 2009, the establishment registration was completed on the maximum debt amount of KRW 6,50,000,000,000, and the debtor as the non-party company and the Korean National Bank, a successor to the Korean National Bank, filed an application for the auction of the instant real estate with the Gwangju District Court C, and thereafter the said auction procedure was in progress, and the instant real estate was sold at KRW 1,01,50,000.
On February 19, 2014, the above court prepared a distribution schedule of KRW 1,004,811,225, excluding execution expenses, etc., from the proceeds of sale of the instant real estate on the date of distribution, and prepared a distribution schedule of KRW 2,50,000,00 for the Plaintiff and the Defendant to distribute KRW 211,612,264, respectively, to the Plaintiff and the Defendant, by deeming the Plaintiff and the Defendant as the same priority collective security right with a maximum maximum debt amount of KRW 2,50