배당이의
1. It was prepared by the said court on February 14, 2018 with respect to the case of voluntary auction of D real estate located in Suwon District Court branch.
Facts of recognition
In filing a lawsuit against E on November 2, 2007, the Plaintiff as the parties concerned completed the provisional attachment registration (Seoul Central District Court 2007Kadan102672, the Seoul Central District Court 2007Kadan39195, and completed the provisional attachment registration (Seoul Central District Court 2007Kadan102672, Nov. 2, 2007) on the loan claim amounting to KRW 72,00,000 with respect to E’s loan claim amounting to KRW 5,131m2 (hereinafter “instant real property”).
On March 28, 2008, the plaintiff was sentenced to the above loan claim "E shall pay to the plaintiff 71,989,260 won with 12% per annum from August 31, 2007 to November 9, 2007, and 20% per annum from the next day to the day of full payment." The above judgment was finalized on May 17, 2008.
On the other hand, on June 8, 2004, E completed the establishment registration of a mortgage of KRW 500 million on the ground of the establishment registration of a neighboring maximum debt amount of KRW 500 million to Defendant C on August 4, 2005, under Article 37398 of the same registry office, on the ground of the establishment of a mortgage contract of KRW 29309,000,000,000,000,000 won to Defendant B, respectively.
On May 13, 2016, upon the application of G Union, which was a mortgagee, with respect to the instant real estate in preparation of the instant distribution schedule, this court rendered voluntary decision to commence the auction D on May 13, 201
On August 17, 2016, the Plaintiff made a demand for distribution based on the executory exemplification of the judgment regarding the above loan claim during the said voluntary auction procedure.
On February 14, 2018, the auction court prepared a distribution schedule (hereinafter “instant distribution schedule”) that distributes the amount of KRW 632,114,350 to Defendant C, who is the first priority holder, to the second priority holder, KRW 193,658,353, KRW 324,00,000, and KRW 113,769,277, each of which is distributed to Defendant C, which is the third priority holder, (hereinafter “instant distribution schedule”).
On the date of distribution, the Plaintiff appeared as a person entitled to demand distribution on the said date, and raised an objection against the total amount of KRW 107,705,188 out of the amount of dividends distributed by Defendant B and the amount of dividends distributed by Defendant C. On February 19, 2018.