배당이의
1. Of the distribution schedule prepared on January 29, 2018 by the above court with respect to the case of compulsory auction of real estate D in Busan District Court D.
Basic Facts
On May 23, 2012, the Plaintiff filed an application with Busan District Court for payment order seeking loans of KRW 300,000,000 and delayed payment damages for the loans of KRW 300,000 with the Busan District Court Decision 201Da8581, and the said court issued a payment order on May 23, 2012, and the said payment order was finalized on June 9, 2012.
Upon the above payment order, the plaintiff applied for a compulsory auction of each real estate share in the attached list to Busan District Court D, and received a decision to commence compulsory auction around that time.
(hereinafter “instant auction”). On March 3, 2017, the date of demand for distribution of the instant auction, the Defendant demanded the distribution of the claim against E in accordance with the No. 92 of the No. 92 of the No. 2017 No. 19000,000, and the interest thereon, etc., according to the No. 92 of the Document No. 2017, Feb. 27, 2017, which was the date of demand for distribution of the instant auction.
In the auction of this case, on January 29, 2018, the auction court prepared a distribution schedule containing the sum of KRW 134,60,00,00, plus KRW 16,940,00,00, plus KRW 134,616,940, plus KRW 16,940,00, plus KRW 131,873,828,000, plus KRW 131,743,112, while actually distributing dividends of KRW 1,906,762, and KRW 8,680,084, the sum of KRW 10,586,846, and KRW 10,543,943, and KRW 25,242,039, the sum of KRW 30,786,982, in the order of priority among the Defendant.
(hereinafter “instant distribution schedule”). The Plaintiff appeared on the said distribution date, and raised an objection against the total amount of the Defendant’s dividends, and thereafter filed the instant lawsuit on January 31, 2018.
[Ground] A creditor, who has an executory exemplification of judgment as to the whole pleadings, may receive a distribution by not later than the completion period for the demand for distribution (Article 88(1) of the Civil Execution Act). Of the enforcement titles, the execution document under Article 56 subparag. 4 of the Civil Execution Act among the enforcement titles, shall be granted for the compulsory execution or demand for distribution.
The defendant of this case.