배당이의
1. The Seoul Northern District Court C real estate compulsory auction case is included in the distribution schedule prepared by the same court on August 23, 2019.
1. Facts of recognition;
A. The Plaintiff: (a) obtained on April 19, 2007 a provisional attachment order (Seoul Northern District Court 2007Kadan30666) from the Jung-gu, Seoul (hereinafter “instant real estate”) on the claim KRW 242,40,000 against D as the preserved right; and (b) completed the provisional attachment registration on April 23, 2007.
B. On January 17, 2006, G completed the registration of creation of a mortgage over KRW 259,200,000, around the debtor D and the maximum debt amount. On June 28, 2019, the Plaintiff completed the registration of establishment of a mortgage over the instant real estate on July 3, 2019 upon the transfer of the claim against D from G, and completed the registration of establishment of a mortgage over the instant real estate.
C. On May 18, 2006, Defendant A completed the registration of creation of a mortgage of KRW 150,000,000 on the instant real property, including the debtor D and the maximum debt amount.
D. On June 28, 2007, Defendant B obtained a provisional attachment order of KRW 50,000,000 on the instant real estate by the Seoul Northern District Court 2007Kadan5014, and completed the provisional attachment registration on the same day.
E. On December 18, 2018, the Plaintiff received a decision to commence compulsory auction from the Seoul Northern District Court C with respect to the instant real estate.
The dividends on the grounds of the order of priority on creditors are 215,82,691 215,882,691 215,692,691 100% 150,000,000 150,000,000 150,000 100,000 100 150,000 150,000 150,000 84,828,7664,766, 596, 053 9.19% of the creditors who applied for provisional attachment against Defendant B 3 4 806,54,454, 74,139,3449
F. On August 23, 2019, the date of distribution, the instant court prepared a distribution schedule with the content that distributes KRW 444,618,08 of the amount to be actually distributed as follows (hereinafter “instant distribution schedule”).
G. On August 23, 2019, the Plaintiff appeared on the aforementioned date of distribution, and raised an objection against the Defendants regarding the total amount of dividends, and filed the instant lawsuit on August 28, 2019, within one week thereafter.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 5, Eul evidence 1, the purport of the whole pleadings
2. Determination as to the claim against Defendant A
A. The plaintiff's assertion A.