배당이의
1. A dividend table prepared on March 16, 2017 by the same court with respect to the case of voluntary auction of real estate B by the Seoul Western District Court.
1. Facts of recognition;
A. C (hereinafter “C”) obtained a loan from the National Bank of Korea (hereinafter “National Bank”) as collateral for the Plaintiff’s credit guarantee, and D, the representative director of C, guaranteed the Plaintiff’s obligation under the above credit guarantee agreement.
B. Upon the occurrence of a guarantee accident dealt with as a bad faith on May 9, 2016, the Plaintiff filed an application for provisional seizure against D’s Eunpyeong-gu Seoul E 401 (hereinafter “instant real estate”) with the Seoul Western District Court 2016Kadan5140, May 10, 2016, with the claim amounting to KRW 336,50,000,000 as the advance indemnity amount, and the said application was accepted on May 12, 2016.
C. On April 8, 2016, the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) stipulating that one room among D and the instant real estate is KRW 20 million as lease deposit, monthly rent of KRW 200,000,000, and the lease term from April 8, 2016 to April 7, 2018 (24 months) (hereinafter “instant lease agreement”).
National Bank Co., Ltd., Ltd. (hereinafter “National Bank”), the mortgagee of the instant real estate, filed an application for voluntary auction with the Seoul Western District Court B, and rendered a decision to commence voluntary auction on July 28, 2016.
E. In the above auction procedure, the court of execution, in the first order of 164,113,444 won to be actually distributed on March 16, 2017, set up a distribution schedule with the content that distributes each of the 15,513,444 won to the F, who is a mortgagee of small claims, to the Defendant, who is the lessee of small claims, 16,000,000 won, 2,30 won, 101,40,000 won, 79,789,309 won, and 4th order, to the Defendant, the mortgagee of small claims (hereinafter “instant distribution schedule”).
F. The Plaintiff and the Korea Trade Corporation, a person holding the right of provisional seizure, appeared on the aforementioned date of distribution, and raised an objection to the full amount of each of the dividends against the Defendant and F. Meanwhile, the Korea Trade Corporation, a creditor of the objection, also filed a lawsuit of demurrer against the Defendant as the court 2017da209016 against the Defendant.
[Ground of recognition] There is no dispute.