배당이의
1. Of the distribution schedule prepared on January 29, 2015 by the above court with respect to the voluntary auction case at the Goyang District Court High Court C.
1. Facts of recognition;
A. On June 12, 2012, the Plaintiff and the Defendant entered into a sales contract with E as to the land and above-ground buildings of 562 square meters, each of which is owned by the owner, and completed the registration of ownership transfer according to the above shares on June 15, 2012. During the process of the performance of the above sales contract, the Plaintiff and the Defendant decided to succeed to the obligation of loans of 52,000,000 won against the Pakistan Livestock Cooperatives, which are secured by collateral security on the said land.
B. However, E filed a lawsuit against the Defendants for the agreed amount claim related to the sale and purchase of the instant land.
(J) In the first instance court of the above lawsuit, the Defendants jointly and severally ordered E to pay the agreed amount of KRW 49,00,000,000 and delayed damages.
With respect to the above judgment, only the plaintiff appealed, and the appellate court was sentenced to the revocation of the part against the plaintiff among the judgment of the court below and dismissal of the claim E.
C. Meanwhile, the Plaintiff and the Defendant jointly invested and purchased the instant land F and G in the event of the non-sale of land, and prepared a letter of October 10, 2012, respectively, and stated that the instant land will be sold in favor of the lawsuit on the instant land (which appears to mean the lawsuit described in the preceding paragraph) and distributed equally half and half, except for all expenses.
On February 21, 2013, the Plaintiff independently succeeded to the name of the debtor of the debt owed with respect to the instant land, and completed the supplementary registration on February 21, 2013 with regard to the change of the debtor of the right to collateral security on the ground of contract takeover.
E. The Pakistan Livestock Cooperatives filed an application for the commencement of voluntary auction with the Jung-gu District Court Goyang Branch C based on the right to collateral security on the instant land, and accordingly, the auction procedure was conducted according to the decision.
In the above auction procedure, the pertinent taxes and the mortgagee-mortgage-based livestock cooperatives, respectively.