배당이의
1. Defendant among the distribution schedule prepared on July 28, 2017 by the said court with respect to the F compulsory auction case of the Daegu District Court.
1. Basic facts
A. G paid 5% per annum from May 1, 2011 to September 18, 2015 with respect to KRW 74,410,619 as well as 74,619 to G, and 20% per annum from the next day to the date of full payment. “H and I paid 74,410,619 to each of them,” with the final judgment ( Daegu District Court 2014Gahap3720; hereinafter “the final judgment of this case”) as executive title, filed an application for compulsory auction of real estate with the Daegu District Court for H-owned real estate property (hereinafter “instant auction procedure”). On August 31, 2016, the decision to commence compulsory auction was made and the auction procedure of this case was under way.
B. The appellate court of the lawsuit filed against H et al. [Seoul High Court 2015Na633, 640 (Joint)] stated that “H shall pay the Plaintiff KRW 700,000,000 to September 9, 2016. If H delays the payment of the above amount, it shall pay the Plaintiff the unpaid amount and the damages for delay calculated at the rate of 15% per annum from the date following the date of payment to the date of full payment” (hereinafter “instant conciliation protocol”) as its executive title and demanded the Plaintiff to pay dividends in the instant auction procedure.
C. On July 28, 2017, the Daegu District Court: (a) drafted a distribution schedule on the date of distribution of the instant auction procedure; (b) the portion relating to the instant case is as follows:
(2) Defendant B B’s payment order 61,893,629,612,5425.02 Defendant C2’s 111,189,04127,820,63325.02 Defendant C2’s 118,374,043 29,618,618,394.25.02, Defendant B’s 2’s 111,189,04127,820,630,6325.02, Defendant D 22, the 500,000,000,000,000,83838, 27637, 195, 27196, 275, 275, 297, 27195, 196, 270, 200, 200
D. The Plaintiff and G appear on the date of distribution and stated an objection against the total amount of the dividend of the Defendants, and thereafter, within seven days thereafter. The Plaintiff and G raised an objection against the distribution on August 1, 2017.