배당이의
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The facts falling under any of the following subparagraphs may be found either in dispute between the parties or in combination with the whole purport of the pleadings in each entry in Gap evidence 1 to 3, 7, and Eul evidence 1 to 9 (including additional numbers):
On December 31, 2009, with respect to the registration of establishment of a reinforced concrete building No. 702, No. 702, No. 114, 702, the Busan Southern-gu, Busan-gu, and two lots of land owned by E (hereinafter “instant real estate”), the registration of establishment of a neighboring mortgage (105,60,000) in the name of the Industrial Bank of Korea, the registration of establishment of a provisional attachment (160,000) in the name of the creditor on January 20, 2012, and the registration of establishment of a mortgage (150,000,000) in the name of the plaintiff as a mortgagee on February 2, 2012.
B. On November 16, 2012, upon the motion of the Plaintiff and the Industrial Bank of Korea for voluntary auction on the instant real estate, the registration of the decision on voluntary auction was completed on November 16, 2012 by this Court C and January 9, 2013, and the auction procedure was conducted after which H was awarded a successful bid of KRW 241,20,000, and the registration of ownership transfer was completed in the name of H on July 23, 2013.
C. In the above voluntary auction case, the auction court, out of KRW 238,233,01, which was to be actually distributed on August 22, 2013, distributed KRW 83,301,476 out of KRW 172,351,780 to the Defendant, who is the creditor of provisional attachment, who is the creditor of provisional attachment, KRW 79,964,663 out of the claim amount of KRW 160,00,00 among KRW 160,00,00,000, KRW 79,964,663 out of the claim amount of KRW 172,351,780.
Accordingly, the plaintiff raised an objection to the whole amount of dividends of the defendant on the date of distribution, and thereafter filed the lawsuit of this case within one week.
On the other hand, on January 13, 2012, the Defendant filed a lawsuit of divorce, etc. against E, the former wife, as Busan Family Court 2012Dhap177, and on September 3, 2012, the following conciliation was established between E and E.
(1) The defendant and E are divorced.
(2) E is consolation money and division of property to the Defendant.