배당이의의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On June 10, 201, Nonparty C obtained a loan from the Kincheon-gu D apartment No. 102 Dong 1201 (hereinafter “instant building”) as security from the Kincheon-gu Kincheon-gu Kincheon-gu Kincheon-gu K in charge of the instant building, Nonparty C completed the registration of creation of a first priority of KRW 22,320,000,000 for the said building in the future of the said bank.
(Then, the Defendant completed the supplementary registration concerning the transfer of the right to collateral security from the above bank on April 17, 2014. The creditor of the limited real right (in the case of seizure, the claim amount) 11-06-10 won 223,200,000 won 213-11-25,000 won in the National Bank of the Bank of Korea (in the case of seizure to the Defendant), the creditor of the limited real right (in the case of seizure, the claim amount) 11-24,00 won 223,20,200,000 won 213-12-11-25,000 won in the case of the Incheon Specialized Credit Guarantee Fund (national Tax in arrears) 413-12-795,60,000,000 won in the case of provisional seizure 513-12-24 Incheon Credit Guarantee Foundation 162,00,800 won.
(b) the following:
The details of various limited real rights or seizure on the instant building prior to the lease of a port have exceeded the appraised value of the said building (260 million won) as shown in the following table.
C. C on January 10, 2014, upon the delay in the repayment of the principal and interest of the instant building, the Bank of Korea filed an application for voluntary auction (this court B) of the instant building based on the No. 1 collateral security (the same day between the Plaintiff and the Plaintiff on the same day, and C entered into a lease agreement with the Plaintiff on the same day, with a deposit of KRW 22,00,000 (where the lessor cancels the provisional attachment due to the special agreement, the lease agreement with the lessor on the same day as the repayment amount is paid). The delivery date was the date of the said contract. The Plaintiff completed the move-in report and the fixed date on the same day.
On January 27, 2014, the Plaintiff reported the lessee’s right and demanded a distribution at the above auction procedure. On the date of distribution implemented on March 4, 2015, the execution court distributed KRW 212,907,989, which deducted the auction expenses, etc. from the proceeds of sale of the instant building, to the Defendant, and the Plaintiff paid the said dividends.