배당이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On May 24, 2013, the Plaintiff entered into a sales contract with C to sell real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”) on the purchase price of one billion won (the purchase price of KRW 30 million, the intermediate payment of KRW 200 million, the intermediate payment of KRW 150 million, the intermediate payment of KRW 150 million on June 30, 2013, the intermediate payment of KRW 150 million, and the payment of KRW 150 million on July 10, 2013, the remainder payment of KRW 470 million, and the remainder payment of KRW 470 million on July 20, 2013), and upon C’s request, the Plaintiff entered into a sales contract with C with the content that “A seller accepts the special agreement to provide the establishment of a mortgage on the instant real estate as collateral for the transaction of goods to Korea Co.,, Ltd.”
(hereinafter “instant sales contract”). B.
On May 27, 2013, the Plaintiff entered into a mortgage agreement with the Defendant on the condition that the amount of a limited liability company and C shall be the secured debt with the existing and future debt to be borne by the Defendant through commercial transactions, etc., and that the secured debt amount of KRW 1.2 billion shall be the secured debt. On May 28, 2013, the Plaintiff completed the registration of the establishment of the mortgage of KRW 1.2 billion with the Defendant regarding the instant real estate as to the instant real estate on May 28, 2013, with the number of the debtors and the maximum debt amount of KRW 1.2 billion.
C. On the other hand, on May 27, 2013, the Defendant entered into a goods transaction agreement with C as follows.
- (1) - On May 27, 2013, C provides the Defendant with the instant real estate as collateral for the transaction of goods, and implement the registration of creation of a mortgage with the maximum debt amount of KRW 1.2 billion.
(2) The transaction of goods between the parties shall not exceed the maximum amount mentioned in the preceding paragraph.
(3) The instant right to collateral security is a right to collateral security, including transaction amounts of KRW 215 million against the Defendant of C.
On April 11, 2014, upon the Defendant’s application for a voluntary auction of real estate based on the instant right to collateral security, a voluntary decision to commence auction on the instant real estate was rendered.