배당이의등
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of premise;
A. On August 2, 2012, the Defendant completed the registration of the establishment of a neighboring mortgage as the Defendant on August 1, 2012 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) on the ground of the contract to establish a mortgage (hereinafter “instant mortgage contract”) on August 1, 2012.
B. On February 14, 2013, the Plaintiff filed an application for provisional attachment against C with respect to the instant real estate with respect to the claim amounting to KRW 1,090,000,000 with respect to the instant real estate as the claim amount. On the same day, the provisional attachment registration for the instant real estate was completed on the same day.
C. After that, at the request of the Korean bank and the new bank, the real estate auction procedure concerning the instant real estate was initiated in the instant court D and E (dupl). In the said voluntary auction case, the instant court, on March 7, 2014, distributed the remainder of 15,318,718 won, excluding the amount distributed to one or five persons among KRW 1,320,727,951, which is the date of distribution, to the Defendant, who is the mortgagee, in the order of 6th priority, and completed a distribution schedule (hereinafter “instant distribution schedule”).
The plaintiff appeared on the date of the above distribution, and raised an objection to the whole amount of dividends to the defendant, and filed the lawsuit of this case within one week thereafter.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 4, the purport of the whole pleadings
2. The Plaintiff asserted that the Plaintiff joined the limit organized by C, and paid to C a total of KRW 1,090,000 from January 201 to December 24, 2012, and accordingly, C has a claim amounting to KRW 1,474,00,000, such as a deposit and a deposit return claim.
The defendant is a person who has kinship with the former husband of C and has a claim against C.