배당이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On July 24, 2012, with respect to each real estate listed in the attached Table 1 list owned by D, the registration of creation of a neighboring mortgage (hereinafter “registration of creation of a neighboring mortgage”) with the debtor, the mortgagee, Defendant E, and the maximum debt amount of KRW 5 billion was completed.
B. On August 24, 2012, the Defendant seized the instant collateral security claim based on the Seoul Eastern District Court’s 2012TTTT 12694 claims and collection order, and applied for voluntary auction on each real estate listed in the attached Table 1’s list. On December 12, 2012, the Suwon District Court rendered a voluntary decision to commence voluntary auction on the instant real estate. Since D’s creditor filed an application for voluntary auction on the remaining real estate except paragraphs 2, 7, and 12 among the real estate listed in the attached Table 1’s list, the Suwon Agricultural Cooperatives rendered a decision to commence voluntary auction on November 22, 2013 by requesting voluntary auction on the real estate other than paragraphs 2, 7, and 12 among the real estate listed in the attached Table 1’
(2) The Defendant withdrawn the application for auction on March 18, 2016.
On April 7, 2016, subordinate agricultural cooperatives withdrawn the application for auction of paragraph 11 from among the real estate listed in attached Table 1 real estate list.
C. 1) In the instant auction procedure on January 4, 2013, the Plaintiff: (a) 100 square meters in storage among buildings listed in Section 14 of the attached Table D and Annex 1 Real Estate List (hereinafter “instant building”).
(2) On December 27, 2012, from December 27, 2013 to December 27, 2013, G made a report on rights and demand for distribution with the content that the lease contract was concluded with the rental deposit of KRW 30 million. Meanwhile, on February 8, 2013, G made a report on rights and demand for distribution with the consent of D on February 8, 2013 with respect to the period of 40 square meters in HH warehouse (Attached Table 11) in the instant auction procedure from January 2, 2013 to January 2, 2014.
In the auction procedure of this case, each of the real estate listed in the attached Table 1 list shall be listed in the attached Table 2.