배당이의
1. Of the distribution schedule prepared on June 26, 2015 by the above court with respect to the case of Suwon District Court C real estate compulsory auction.
1. Facts of recognition;
A. The Plaintiff filed an application for a compulsory auction with respect to D and E (hereinafter “instant apartment”) under the execution bond of KRW 16,168,053, totaling KRW 42,380,00 and interest KRW 123,78,053 (which is based on the protocol of compromise in the case, such as the Seoul District Court 98Gadan234740) with D, etc. based on the above protocol of compromise, and filed an application for a compulsory auction with respect to D, etc., F apartment 110,703 (hereinafter “instant apartment”), which is jointly owned by D, etc. based on the above protocol of compromise, and the decision to commence compulsory auction was rendered to this Court C on September 15, 2014.
(hereinafter “instant auction”). (b)
The Defendant was a deceptive act, such as D, etc., and concluded a contract to establish a mortgage between D, etc. and the instant apartment on October 22, 2014, which made the maximum debt amount of KRW 200 million with each of the maximum debt amount of KRW 36 million with D, etc., and completed the registration of establishment of a mortgage between the mortgagee and the mortgagee as of October 23, 201 and the maximum debt amount of KRW 200 million with the Defendant, the debtor as of the 200 million on the 20th day of the same month and the maximum debt amount of KRW 36 million with D
(hereinafter collectively, each of the above collateral security rights is collectively referred to as the “instant collateral security”).
In the distribution procedure of the instant auction, on June 26, 2015, this court prepared a distribution schedule (hereinafter “instant distribution schedule”) with the content that the Plaintiff and the Defendant, the applicant-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage (hereinafter “instant distribution schedule”) distribute dividends of KRW 84,732,358 and KRW 120,341,042, respectively, in the second order.
The Plaintiff made an objection to KRW 81,435,695 (which was not distributed out of the amount of claims against the Plaintiff D, etc.) among the amount distributed to the Defendant at the time of the aforementioned distribution date, and filed the instant lawsuit on July 2, 2015 where one share had not elapsed thereafter.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 6, 7, and Eul evidence 7-1, 2-2.