배당이의
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On December 3, 2010, the Plaintiff entered into a loan transaction agreement with Defendant Gwangju Agricultural Cooperative (hereinafter “CF”) to obtain a loan of KRW 120 million. On November 30, 2010, the Plaintiff entered into a mortgage contract with the Plaintiff to set up a mortgage on the area of 945 square meters (hereinafter “instant land”). On the same day, on the same day, the Plaintiff completed the registration of the establishment of the mortgage with respect to the instant land as to the instant land as KRW 156 million, with the mortgagee and the maximum debt amount of KRW 156 million.
B. On June 3, 2011, the Plaintiff concluded a loan for consumption with Defendant B to borrow KRW 80 million. On the same day, the Plaintiff concluded a contract to establish a mortgage on the instant land in order to secure the said loan obligation. On June 7, 2011, the Plaintiff completed the registration of establishment of a mortgage on the instant land with the mortgagee B and the maximum debt amount of KRW 110 million.
(C) The Plaintiff’s loan transaction agreement, loan contract, and mortgage contract entered into with the Defendants (hereinafter “each of the instant loan contracts”).
Defendant Agricultural Co., Ltd filed an application for voluntary auction with Suwon District Court Sungnam Branch C, based on the right to collateral security on the instant land where the Plaintiff did not repay the said loan, and rendered a voluntary decision to commence the auction on June 11, 2013.
Since then, the instant land was sold through the auction procedure, and the auction court determined the amount to be distributed on January 10, 2014, which was the date of distribution, as KRW 268,106,937, the auction court prepared a distribution schedule (hereinafter referred to as “instant distribution schedule”) stating that the applicant creditor and the mortgagee of the right to collateral security shall be subject to the second order, and KRW 110,000,000 shall be subject to the third order to Defendant B, and that the debtor and the owner of the right to collateral security shall be subject to the third order to distribute each amount of KRW 12,946,140 (hereinafter referred to as “instant distribution schedule”).
E. The plaintiff is present on the above date of distribution and on the dividend amount of the defendants.