배당이의
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On June 23, 201, the Plaintiff leased KRW 70 million to B on June 23, 201, interest rate of KRW 10% per annum, and due date of repayment on June 22, 2012, and completed the provisional attachment registration on the same day upon receiving the Seoul Central District Court Decision 2014Kadan46690 on July 30, 201 with the claim amount of the instant real estate owned by B and the land of KRW 336 square meters prior to Da in Hysung-si (hereinafter “D land”).
B. Since the Defendant entered into a credit guarantee contract with E on June 27, 2006 with the joint and several surety of E Co., Ltd. (hereinafter “E”), which is the representative director, on June 27, 2006, setting the guarantee period of KRW 240 million as well as KRW 250 million as the guarantee amount of KRW 75 million as of December 7, 2007, KRW 375 million as of April 10, 2009, KRW 160 million as of June 29, 2009, and KRW 180 million as of June 28, 2013, the respective additional credit guarantee contract term of each of the above credit guarantee contracts has been continuously extended.
C. E obtained a loan from the Industrial Bank of Korea as security of each of the above guarantees issued by the Defendant, and on April 3, 2014, a guarantee accident occurred, and the Defendant subrogated KRW 1,191,159,252 on April 1, 2015.
Meanwhile, as between June 28, 2012 and B, the Defendant entered into the instant mortgage contract with the maximum debt amount of KRW 700 million and the obligor E with the instant real estate as joint collateral, and completed the registration of establishment of a neighboring real estate on July 9, 2012.
E. On March 2, 2015, the Industrial Bank, the mortgagee of the instant real estate, applied for an auction of the said real estate, and was decided to commence auction as Suwon District Court Ansan Branch C on March 2, 2015. On November 4, 2015, the court of execution prepared a distribution schedule that distributes KRW 93,255,296 as the mortgagee to the Defendant as the mortgagee (hereinafter “instant distribution schedule”).
F. The plaintiff is present on the above date of distribution and distributed to the defendant.