배당이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On April 24, 2012, C obtained a loan of KRW 70 million from the Defendant (hereinafter “the instant first loan”) and concluded a mortgage contract with the Defendant on April 30, 2012 regarding the third floor No. 305 of Daejeon-dong, Daejeon-gu, Daejeon-gu, which he owned (hereinafter “the instant real estate”), with a view to securing the said debt, KRW 91 million (hereinafter “the instant mortgage contract”). On the same day, C concluded a mortgage contract with the Defendant on April 30, 2012, and completed the registration of the establishment of a neighboring mortgage.
B. C sold the instant real estate to E and F on July 10, 2012, and E and F completed the registration of ownership transfer as to one half of the instant real estate on August 31, 2012.
C. On September 4, 2012, E entered into a contract for underwriting of the instant first loan agreement with C and the Defendant (hereinafter “instant underwriting agreement”). On September 17, 2012, E entered into a mortgage modification agreement with the Defendant, and completed registration for changing the debtor of the instant real estate from C to himself.
On January 18, 2013, the Defendant issued a loan of KRW 10 million (hereinafter “the second loan”) to E on January 23, 2018 after setting the expiry date of the lending period as January 23, 2018.
E. On April 2, 2013, the Plaintiff concluded a mortgage establishment agreement with E as to the instant real estate, and completed the establishment registration of the second priority priority of KRW 42 million on April 3, 2013.
F. In the auction procedure of the real estate B in Daejeon District Court as to the instant real estate, the Defendant reported the instant amount of KRW 89,958,692 as the claim. On January 26, 2017, the executing court prepared a distribution schedule to distribute KRW 103,239,762 to the Defendant as the amount to be actually distributed on the date of distribution held on January 26, 2017, and KRW 87,071,912 to the Defendant, and KRW 16,093,250 to the Plaintiff.
G. The plaintiff appeared on the date of the above distribution, and was distributed to the defendant, the second of this case.