공매대금배분처분취소
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff obtained a provisional attachment decision (Seoul Western District Court 2008Kahap697) on the aggregate building No. 1005 of Mapo-gu Seoul Metropolitan Government No. 1005 (hereinafter “the instant building”) owned by B with the claim claim amounting to KRW 200 million against B, and the provisional attachment registration was completed on April 21, 2008.
B. At the time of the registration of the provisional attachment by the Plaintiff, the establishment registration of a neighboring mortgage under the name of the new bank (the maximum debt amount 19,800, Dec. 22, 2005) was completed on the instant building at the time of the registration of the provisional attachment, and the establishment registration of a neighboring mortgage was completed on the instant building after the registration of the provisional attachment by the Plaintiff as follows.
On September 11, 2012, the amount claimed in the distribution statement for the purpose of registration of right holder on September 25, 2012, the registration date of which is KRW 13,505,860 on December 17, 2012, the seizure 205,539,630 won of the Republic of Korea (Korea Disposition Office) on June 25, 2013, the seizure 5,717,520 won on January 7, 2014, Korea (Korea Disposition Office), the seizure 5,717,520 won on April 3, 2014, the National Health Insurance Corporation's seizure 10,785,650 won.
C. On October 22, 2015, the Director of the Changwon Tax Office requested the Defendant to sell the instant building by proxy.
On May 31, 2016, the Defendant sold the instant building at KRW 345,90 million. On June 27, 2016, KRW 345,976,080,00,000,000,000,000 for expenses for disposition on default, first of all, for disposition on default, KRW 11,101,710,710, 165,503,090 for a new bank holding the right to collateral security (right to collateral security), and KRW 12,929,00 in the Changwon, Inc., a subordinate mortgagee, and PostalMM (hereinafter referred to as “PostalMM, etc.”).
(1)The remaining 156,442,280 won is distributed in the order of priority to the plaintiff who is a provisional seizure right holder, MaMM et al. who is a subordinate mortgagee, the Republic of Korea, the National Health Insurance Corporation, and the plaintiff who is a provisional seizure right holder again, shall not be put to the order of priority.