배당이의
1. A distribution table prepared by the Seoul Western District Court as of May 22, 2015 with respect to the case of the voluntary auction of real estate B by the same court.
1. Each of the facts below the basis facts is without dispute between the parties, or acknowledged in Gap 1 to 9, and Eul 2, taking into account the overall purport of the arguments.
A. Nonparty C owned the Eunpyeong-gu Seoul Metropolitan Government D Apartment No. 103 Dong 804 (hereinafter “instant apartment”).
B. As to the apartment of this case owned by C, the Seoul Western District Court held the right to collateral security of KRW 36 million with the maximum debt amount received on October 27, 2003, No. 73210, the Seoul Western District Court held the right to collateral security of KRW 76 million with the maximum debt amount received on October 28, 2009, and ② the right to collateral security of KRW 15 million with the same registry office No. 5569, Oct. 28, 2009.
(hereinafter the above two collective security rights are collectively referred to as the “instant collective security rights”).
The Plaintiff is the transferee who acquired the instant collateral security claim from the Industrial Bank of Korea.
On October 5, 2012, the Defendant entered into a real estate lease agreement (hereinafter “instant lease agreement”) with C on the following terms: (a) the deposit amount of KRW 3.2 million with respect to the balcony part among the instant apartment buildings; and (b) the term of lease from October 5, 2012 to October 4, 2014.
E. As to the instant apartment, on November 2, 2012, the procedure for the auction of real estate was initiated with Seoul Western District Court B, and on May 22, 2015, the distribution schedule with the following contents (hereinafter “instant distribution schedule”) was prepared in the said auction procedure. The Plaintiff appeared on the date of distribution on the same day, and raised an objection against the entirety of the Defendant’s dividends, and filed a lawsuit of demurrer against the Defendant on May 29, 2015.
The creditor of Eunpyeong-gu, the plaintiff (the Industrial Bank of Korea): 16,00,00 won for principal 16,00,000 won for 557,90 won for principal 804,613,745 won for interest of KRW 129,08,494 for total of KRW 16,000,000 for total of KRW 557,900 won for 93,702,239 for dividends of KRW 123,00 for 1233, the order of priority for distribution of the dividends of KRW 16,00,000 for the creditor of the claim (the corresponding maximum debt amount) for 510,000 won for the applicant creditor