배당이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On October 12, 2012, the Defendant entered into a mortgage agreement with C, with regard to KRW 1,021 square meters (hereinafter “the instant real estate”) owned by Hongcheon-gun, Hongcheon-gun (hereinafter “the instant real estate”), whereby the obligor C, the mortgagee, the Defendant, the maximum debt amount of KRW 30,000,000, and completed the registration of establishment of a neighboring mortgage (hereinafter “the instant collateral security agreement”) based on the instant real estate on November 15, 2012.
B. On June 25, 2013, the Plaintiff obtained a decision of provisional seizure of real estate with the claim amounting to KRW 50,000,000 as the Suwon District Court 201, Suwon District Court 201, which decided on the provisional seizure of real estate in this case, and completed the provisional seizure registration on the same day.
C. Since then, in the case of the auction of the real estate B in Chuncheon District Court B, which commenced with respect to the instant real estate, the said court, on December 15, 2014, prepared a distribution schedule to distribute the amount of KRW 30,037,30,30 to the Defendant, who was a mortgagee of the first right to request auction, to the Hongcheon-gun, who was the holder of the pertinent right to issue the said tax, in the first order from 41,638,703 to the amount to be actually distributed on the date of distribution implemented on December 15, 2014, and then raised an objection to the entire amount of dividends to the Defendant on December 18, 2014.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 3 through 6, Eul evidence No. 1, the purport of whole pleadings
2. In light of the following circumstances: (a) the Defendant’s assertion that he/she did not report his/her claim in the distribution procedure; and (b) the Plaintiff did not respond to the confirmation of the existence of the secured claim despite having sought confirmation from the Defendant; and (c) the Defendant’s above secured claim
Therefore, it is unreasonable to distribute dividends to the defendant based on the instant right to collateral security.
3. Determination.