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 20, 201, Nonparty C purchased D Apartment Nos. 102 and 603 (hereinafter “instant apartment”) from the former North Jeju-gun on October 20, 201, and completed the registration of ownership transfer by the Jeonju District Court No. 77410, Dec. 6, 2011.
B. On December 6, 2011, the aforementioned C entered into a mortgage agreement with Nonparty Jeon Sung-sung Credit Cooperative and with respect to the instant apartment as to the mortgage amount of KRW 52,00,000 with the maximum debt amount. On December 6, 2011, the registration of the establishment of a mortgage was completed as of December 77411, which was accepted on December 6, 2011.
C. On December 19, 2014, the foregoing Jeonsung Family Credit Union transferred the aforementioned contract to the Defendant to establish a mortgage, and completed the registration of transfer of all-round collateral security under the former District Court’s indictment No. 152935, Dec. 19, 2014.
On December 19, 2014, Nonparty E, the mother of the above C, accepted the above mortgage-backed contract, and completed the registration of modification of the right to collateral security changing the debtor to E as of December 19, 2014, which was received on December 19, 2014.
E. Nonparty F purchased the instant apartment on March 13, 2015, and completed the registration of ownership transfer under the Jeonju District Court Decision No. 40949, April 6, 2015, which was accepted on April 6, 2015.
F. On April 28, 2015, the Plaintiff entered into a contract to establish a right to lease on a deposit basis with F as to the instant apartment as KRW 40,000,000, and completed the registration of the establishment of a right to lease on a deposit basis on May 8, 2015, which was received on May 8, 2015, and made a move-in report upon delivery of the instant apartment, and obtained a fixed date under the Housing Lease Protection Act.
G. On September 3, 2015, the Defendant filed an application for a voluntary auction of real estate rent with the Jeonju District Court B regarding the instant apartment, and received a voluntary decision to commence auction on September 3, 2015, and the instant apartment was in progress, and was sold to Nonparty G on April 18, 2016.
H. In the above auction procedure, the Jeonju District Court deducted KRW 2,290,573 from the enforcement cost at KRW 74,109,069, such as the sale price and interest, on June 8, 2016.