배당이의
1. It was prepared by the preceding district court on October 22, 2015 with respect to the auction case of real estate B in order to establish a district court branch court and Eup branch court.
1. Basic facts
A. The Plaintiff Naman Agricultural Cooperative Co., Ltd. (hereinafter “Plaintiff Naman Agricultural Cooperative”) completed the provisional attachment registration of KRW 10,746,026 of the claim amount on July 24, 2013 with respect to each real estate listed in the separate sheet owned by C (hereinafter “each real estate of this case”) with a bond based on the payment order order issued by the Jeonju District Court, 2013j278, Jungan District Court, 2013. The Plaintiff National Agricultural Cooperative Federation (hereinafter “the Plaintiff Agricultural Cooperative Federation”) completed the provisional attachment registration of KRW 10,746,026 with respect to each real estate of this case as a bond based on the payment order issued by No. 2014j3499, Apr. 4, 2014.
B. On September 1, 2014, the Defendant entered into a mortgage agreement with C on each of the instant real estate (hereinafter “mortgage agreement”). On the same day, the Defendant completed the registration of establishment of a collateral in the name of the Defendant, a debtor, under Article 15141, which was received by the registry office of the District Court prior to the same day.
C. On January 28, 2015, the auction of real estate in relation to each of the instant real estate was commenced as Jeonju District Court-Eup Branch B, and at the auction procedure conducted accordingly (hereinafter “instant auction procedure”), Plaintiff Naman Agricultural Co., Ltd. on September 22, 2015 (hereinafter “the auction procedure”).
The order of payment No. 2013j278 and the order of payment No. 2014j149 against the Jeonju District Court of the 2013 J. 278 and the order of payment No. 2015 against C were demand for distribution based on the order of payment No. 2014, Sep. 21, 2015.
The demand for distribution was made based on the payment order of No. 2014j349. D.
In the instant auction procedure on October 22, 2015, the said court held that the Plaintiffs and the Defendant were three priority, and that the Plaintiff, the person having the right to demand distribution, was the amount of KRW 1,676,435 (the amount of KRW 13,030,520 based on the payment order (the amount of KRW 13,030,520 based on the above payment order (the amount of KRW 2013,278) and the amount of KRW 10,72,501, the amount of credit of KRW 83,732,732.