배당이의
1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.
1. The summary of the case and the facts premised on the case
A. The summary of the instant case pertains to the following grounds: (a) the Plaintiff, as the person holding the provisional attachment of each land listed in the separate sheet (hereinafter “instant land”) who requested a distribution in the auction procedure as a person holding the provisional attachment of each land listed in the separate sheet, requested the Plaintiff to pay all of the amount to be distributed in the auction procedure for the instant land; and (b) the distribution schedule prepared with the content that, by paying dividends to the Defendant who was transferred the right to collateral security and the secured claim thereof on February 16, 2011, the Defendant who was transferred the right to the instant land pursuant to the credit guarantee agreement with the Bank, did not distribute all the amount to the Plaintiff who has the right to the
The first instance court accepted part of the Plaintiff’s claim and dismissed the remainder of the claim, and the Defendant appealed against the lost part, and the Plaintiff filed an appeal in this court. The Plaintiff added a claim seeking partial transfer of the dividends against the Republic of Korea and notification of the transfer on the ground that the claim for objection to distribution under the first instance court was filed as the primary claim and the return of unjust enrichment.
B. 1) The premised factual basis 1) the Bank’s primary loan and the Korea Bank (hereinafter “Korea Bank”) Co., Ltd. (hereinafter “Korea”);
(2) On February 16, 2011, 201, Jinjin Pream Co., Ltd. (hereinafter referred to as “Jinjin Pluter”)
) A loan agreement between the corporation and the general facility of the corporation (hereinafter referred to as “the primary loan”);
(1) In concluding the instant land, 1.6 billion won was loaned to Dogggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggg
B. As to the land listed in paragraph (1) of the attached list among the land in this case, the Bank of Korea with superficies and the duration from February 16, 201 to 30 years.