배당이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. The Plaintiff and C owned 1/2 shares of the real estate listed in the separate sheet (hereinafter “instant real estate”).
B. As of February 14, 2011, with respect to the whole real estate of this case, the first priority collective security right, which consists of the debtor C, a mortgagee, a credit union of the Kimhae Chamber of Commerce and Industry (hereinafter referred to as the “Kim Marine Union”), the maximum debt amount of KRW 650 million, and the debtor D (amended to E on September 22, 2011), a mortgagee Kim Maritime Union, and a maximum debt amount of KRW 660 million, respectively, was created.
C. On November 2, 2012, the application for a new consultation on Kim Maritime and New Airport (hereinafter “Seoul District Court”) started a voluntary auction procedure on the instant real estate as Seo- Branch B of the Daegu District Court.
On the date of distribution of the above auction procedure held on August 1, 2013, the court of execution shall order the applicant creditor (mortgager) to prepare a distribution schedule in the order of 613,79,053,33 and 639 won (sales price of KRW 1,838,880,000 + interest of KRW 2,153,639) minus the enforcement cost of KRW 9,532,550 and the actual amount of dividends of KRW 1,831,50,089, the delivery right holder (relevant tax) to the elderly group of KRW 2,49,080, and the second order to deliver the distribution schedule in the order of 613,79,053 and KRW 613,79,053, and the third order to the applicant creditor (mortgager) to whom the distribution right is made in the order of 504,018,665, and 1/2539,531,537,41, and 5467.
E. The Plaintiff appeared on the aforementioned date of distribution, and thereafter raised an objection against KRW 126,00,000 among the amount of dividends on the Kim Sea's Certificate, and thereafter filed the instant lawsuit against the Defendant Republic of Korea (the competent authority: Kim Sejong-do Office) on August 2, 2013.
[Grounds for Recognition: Facts without dispute, Gap 1 through 3, facts evident in records, the purport of the whole pleadings]
2. The defendant's judgment on the main safety defense shall be made on the date of distribution and the person who has standing to sue in a lawsuit of demurrer against distribution shall appear on the date of distribution.