배당이의
1. With respect to the case of Ku Government District Court C Real Estate Compulsory Auction, D (Joint) and E (Duplicate), this Court shall decide on November 13, 2018.
1. Basic facts
A. The Gu Government District Court rendered a decision to commence the auction procedure with respect to the F District Housing Association (hereinafter “instant association”) and the 1,137 square meters of H in Nam-si Co., Ltd. owned by G, the Gu Government District Court C, which decided to commence the auction procedure, and thereafter, the Gu Government District Court D and the same court E were merged with the above auction procedure.
(hereinafter “instant auction procedure”). B.
In the auction procedure of this case, the Plaintiff reported the amount of credit of KRW 191,882,643 (the payment order of KRW 2017 tea 2149, Namyang-si District Court, Namyang-si District Court) as the amount of credit, and the Defendant reported the amount of KRW 309,60,000 (the order of provisional seizure of KRW 2018Kadan20620) as the amount of credit.
C. When the real estate sold at the auction procedure of this case was sold, the Jung-gu District Court determined the amount to be actually distributed KRW 3,881,208,39, which deducts KRW 9,489,00,000 for enforcement expenses from KRW 3,871,719,39, which is to be distributed to the Plaintiff. The distribution schedule of this case, which states that KRW 96,187,302 shall be the applicant creditor of this case, and KRW 15,196,85 as the applicant of the first provisional attachment to the Defendant, and that the Defendant distributes KRW 15,196,885 as the applicant of the third provisional attachment (hereinafter “the distribution schedule of this case”) to the Plaintiff and the Defendant as the person having the right to demand the distribution of KRW 406,509,568, as well as the Plaintiff and the Defendant.
On November 13, 2018, the Plaintiff appeared on the date of distribution, and raised an objection to the entire amount distributed to the Defendant, and filed a lawsuit of demurrer against distribution on November 16, 2018.
E. Meanwhile, on June 11, 2018, the Defendant filed a subrogation lawsuit claiming the payment of KRW 309,600,000 out of the damage claim against the instant association held by G with the Defendant’s claim against G as the preserved claim against the instant association, and the delayed payment thereof, and is pending as of the date of the closing of argument in the instant case.
(The District Court 2018Gahap54255, hereinafter referred to as "related litigation"). [The grounds for recognition]