배당이의
1. As to No. 106, No. 1901, and No. 1901, 196, 1901, the defendant and D, respectively, on August 6, 2014.
1. The Plaintiff, upon running 12 loans to D on August 30, 2007, has a total of KRW 535,524,450 as of October 20, 201.
The Plaintiff received a payment order from D on November 15, 201 from the Seoul Central District Court (Seoul Central District Court) on November 201, 201.
On the basis of the above loan claim, the Plaintiff filed a request for auction against the C Apartment No. 106, 1901, 1901, (hereinafter “instant apartment”) on the land, B, and 19, the Plaintiff started the compulsory auction procedure on August 6, 2014.
On the other hand, D concluded a mortgage contract with the defendant on August 6, 2014, the maximum debt amount of 400 million won, and the debtor F Co., Ltd. on August 7, 2014 (hereinafter "mortgage contract of this case"), and completed the registration of creation of a mortgage on August 7, 2014.
The defendant made a demand for distribution in the above auction procedure.
On April 27, 2015, the auction court distributed 158,074,526 won to the plaintiff and 69,908,247 won to the defendant in that order.
The Plaintiff brought a lawsuit of demurrer against the total amount of dividends paid by the Defendant, and thereafter filed the lawsuit of this case.
D The property of D at the time of August 7, 2014, which entered into a mortgage contract with the defendant, was in excess of the obligation as follows.
(1) Real estate value of this case: ① 350,000,000 won in real estate value ② 31,615,450 won in value of 1/2 equity shares of 109 square meters in Yeonsu-gu Incheon Metropolitan City G forest ( = 580,100 x 109 x 109 x 2) plus 381,615,450 won in total; ② 652,560,410 won in the Plaintiff’s loan obligation to the Korea Exchange Bank ② 1,00,000 won in the loan obligation to the Korea Exchange Bank. ③ The fact that there is no dispute over the aggregate of KRW 100,00,000 in the collateral security obligation to the Korea Exchange Bank with respect to the Incheon Forest in Incheon, and KRW 852,560,410 in total (based on recognition); the entry of evidence No. 1-24; the purport of the entire
2. Determination as to the cause of action
A. According to the facts of recognition as above, the Plaintiff’s loan claim can be acknowledged as a preserved claim to cancel the instant mortgage contract.