배당이의
1. Contract to establish a right to collateral security concluded on November 16, 2015 between D and E with regard to real estate listed in the separate list 7,882.
1. Facts of recognition;
A. From April 18, 2014 to July 29, 2015, the Plaintiff leased approximately KRW 50 million to E, but was not able to receive the claim, and on September 21, 2015, the Plaintiff provisionally seized the real estate listed in the attached list (hereinafter “instant real estate”) as the claimed amount, and filed a loan claim lawsuit.
In the above lawsuit, the mediation was concluded that E shall pay to the Plaintiff KRW 22 million.
B. On September 15, 2015, E filed an application for individual rehabilitation with the Chuncheon District Court 2015 Gangnam Branch Branch Decision 2015 Congress 4741, and filed a report on the obligations of KRW 266,030,520 with the said court.
E does not have any property other than the instant real property.
C. On November 16, 2015, E created a right to collateral security with D’s maximum debt amount of KRW 60 million with respect to the instant real estate, and D transferred the said right to collateral security to the Defendant on September 5, 2018.
On April 6, 2018, G Union, which is a senior mortgagee, applied for a voluntary auction, started the voluntary auction procedure concerning the instant real estate to the Gangseo branch court of the Chuncheon District Court on April 6, 2018. On February 14, 2019, the registration of establishment of each of the instant real estate was cancelled as the instant real estate was sold to H through a voluntary auction.
E. On March 14, 2019, the Plaintiff reported the amount of KRW 99,912,329 ( principal KRW 60 million, interest KRW 39,912,329) to the auction court for claims against each E. The above court: (a) distributed the amount of KRW 68,103,90 to the I Co., Ltd., which was transferred the first priority collective security from G Cooperatives; (b) KRW 16,813,150; and (c) distributed the amount of KRW 309,074 to the Plaintiff, and then, (d) distributed the amount of KRW 14,17,765; and (e) the Defendant distributed the amount of KRW 39,934,710 to the Defendant.
On the date of distribution opened on the same day, the Plaintiff raised an objection to the total amount of the dividend of the Defendant, and filed a lawsuit of demurrer against the distribution on March 19, 2019.