배당이의
Among the judgment of the first instance, the part against the plaintiff corresponding to the dividend amount ordering correction shall be revoked.
1. Basic facts
A. On July 13, 2007, the registration of creation of a mortgage over the maximum debt amount of KRW 770 million against the Plaintiff and the mortgagee as the Defendant (hereinafter “the first collateral mortgage”), and on August 24, 2007, the registration of creation of a mortgage over the maximum debt amount of KRW 340 million against the Plaintiff and the mortgagee as the Defendant (hereinafter “the second collateral mortgage”) was completed on August 24, 2007, regarding the real estate listed in the separate sheet owned by the Plaintiff on the registration of creation of a mortgage over the Defendant’s name (hereinafter “the second collateral mortgage”). The first and second collateral mortgages were completed.
B. In the case of voluntary auction of real estate rent, which was commenced at the request of the parties with the right to collateral security (right to collateral security) and the Defendant with respect to the instant land, the Defendant submitted a claim statement with the sum of KRW 1,304,940,000 [336,540,000 (right to collateral up to May 12, 2009 of the first collateral mortgage)] around May 2009.
C. On October 11, 2010, the above court prepared a distribution schedule as follows (hereinafter “instant distribution schedule”) with respect to KRW 4,396,052,98 of the amount to be actually distributed on the date of distribution as of October 11, 201.
The plaintiff appeared on the date of the above distribution and raised an objection against the full amount of the distribution to the defendant.
The amount of dividends distributed to priority dividends of KRW 31,290,200 in 2 Republic of Korea 845,815,230 won in 2 Republic of Korea and KRW 2,268,092,50 in 336,540,00 won in 6 E 14,315,056 won in total 4,396,000 won in 6 E 144,315,056 won in 4,396,052,988 in 2 Republic of Korea, and KRW 3,45,815,230 in 2,00 in 2,00 in 2,00 in 336,540,000 in 2,00 won in 336,540,000 in 2,000 in 2,00 won in 2,00,000 in 1,000 won in 2,00
2. The parties' assertion;
A. The creditor of the secured claim on the instant right to collateral security (hereinafter “instant secured claim”) is the creditor.