배당이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On December 8, 2016, H completed the registration of creation of a mortgage in the name of the Defendant (hereinafter “mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage (hereinafter “instant apartment”) with respect to Y-gu I apartment (hereinafter “instant apartment”).
B. On April 27, 2017, H borrowed KRW 34,00,00 from K (hereinafter “K”) at an annual interest rate of 26%, maturity of payment, April 30, 2019, and interest rate of 27.9% per annum (hereinafter “instant loan agreement”). On April 28, 2017, H completed the registration of creation of mortgage (hereinafter “mortgage-mortgage-mortgage-mortgage-mortgage-mortgage”) with respect to the instant apartment on April 28, 2017, with respect to the maximum debt amount of KRW 44,20,000,000, the debtor H, and the mortgagee-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage (hereinafter “mortgage-mortgage-mortgage-mortgage”).
C. K applied for a voluntary auction of real estate regarding the apartment of this case to the Jeonju District Court F, based on the instant collateral security, and received a decision to commence voluntary auction from the said court on September 7, 2017.
Defendant also filed an application for a voluntary auction of real estate with respect to the above apartment as L with the Jeonju District Court L, and received a decision on the voluntary auction from the above court on December 1, 2017.
(hereinafter “instant auction procedure”). D.
On November 9, 2017, K entered into a contract with the Plaintiff to transfer the claim based on the instant loan agreement and the instant mortgage to the Plaintiff. On the same day, K entered into an additional registration for the transfer of the instant apartment as to the instant apartment due to the transfer of the final claim regarding the instant apartment. On November 20, 2017, K reported the change of creditor who received the instant secured claim by the instant auction court.
E. On February 7, 2018, the Plaintiff completed the additional registration of the pledge right in the instant case with Nonparty G Co., Ltd. (hereinafter “G”) as to the instant right to collateral security, with the maximum debt amount of KRW 44,200,000, and the Plaintiff and the creditor G.
F. On May 17, 2018, the Plaintiff’s instant court.