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 April 20, 201, Defendant A completed the registration of creation of a mortgage over the maximum debt amount of KRW 120,000,000 with respect to each real estate indicated in the separate sheet Nos. 1 and 2, which was owned by Nonparty F Co., Ltd. (hereinafter “F”), and completed the registration of creation of a mortgage over the maximum debt amount of KRW 300,000,000 on each real estate listed in the separate sheet No. 1, 4, and 5.
B. Defendant B, on August 7, 2012, issued a provisional seizure order against the F with “a loan of KRW 340 million from August 21, 2008 to March 9, 201, KRW 30 million, out of the loan of KRW 340 million from March 9, 201, upon receiving a provisional seizure order against real estate of KRW 2012Kadan1447, the Changwon District Court rendered a provisional seizure order against F on October 26, 2012, and KRW 310 million from the loan of KRW 30 million against F on July 20, 2011, the provisional seizure order against real estate of KRW 2012Kadan2037, which was issued by the same court with the claim of KRW 201,000,000,000 from each of the above provisional seizure orders, and the provisional seizure registration was completed based on each of the above provisional seizure orders.
C. On October 4, 2011, the Plaintiff was subject to the Daegu District Court Decision 201Kadan8570 decided on the provisional seizure of real estate (No. 201Kadan8570, Oct. 4, 201) with the “12,9540,000 won” as the claim against F, and the provisional seizure registration was completed on the same day in accordance with the foregoing provisional seizure decision.
On March 6, 2014, in the case of a compulsory auction of real estate C, D, and E (Dual) for each real estate listed in the attached list, the said court prepared a distribution schedule (hereinafter “instant distribution schedule”) stating that the Defendant A shall pay KRW 300 million as a mortgagee, KRW 2,572,824 out of the provisional attachment claim No. 2012Kadan1447, KRW 26,585,850 out of the provisional attachment claim No. 2012Kadan2037, and KRW 11,109,454 as a provisional attachment creditor to the Plaintiff.
E. On March 6, 2014, the Plaintiff appeared on the aforementioned date of distribution, and raised an objection against the total dividend of the Defendants, and filed the instant lawsuit on March 11, 2014.
[Ground of recognition] Unsatisfy, Gap evidence 5 to 12, Eul evidence 1, and