배당이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. C purchased from Jinju-si E apartment F (hereinafter “instant apartment”) from D Co., Ltd. on July 7, 2005, and completed the registration of ownership transfer as the receipt No. 429000 on July 31, 2008.
B. On February 1, 2011, the head of the Jinju Tax Office imposed capital gains tax of KRW 37,789,972 on C as of May 30, 201. However, although C did not pay the same, it reached KRW 64,771,450, including the additional dues.
C. Accordingly, on September 15, 2011, the Defendant seized the instant apartment, and the registration of the said purport was completed on September 15, 201 by the Changwon District Court Jinju Branch Decision 44769, which received on September 15, 2011.
On November 23, 2012, the Plaintiff purchased the apartment of this case from C, and completed the registration of ownership transfer by Law No. 58005, which was received on November 30, 2012 from the Changwon District Court.
E. G Co., Ltd, the mortgagee of the instant apartment, filed an application for the auction of the real estate rent on the instant apartment with the Changwon District Court in Jinwon District Court, and the same support was rendered on February 13, 2015, and the supplementary registration was completed on the same day.
(F) On December 28, 2015, the Changwon District Court: (a) prepared a distribution schedule to the Defendant that distributes KRW 63,411,040 (100%) to the Defendant on the same day (hereinafter “instant distribution schedule”); and (b) the Plaintiff raised an objection against the total amount of the Defendant’s dividends on the same day.
[Ground of recognition] Facts without dispute, Gap evidence 3, 4, Eul evidence 1-1 to 3, the purport of the whole pleadings
2. On the grounds delineated below the Plaintiff’s assertion, the instant distribution schedule should be amended as stated in the purport of the claim.
C On October 4, 200, as well as H on October 4, 200, purchased from JJ 117.4 square meters and its ground buildings (hereinafter referred to as “J building”) from J Dog-si, J 17.4 square meters, and completed the registration of ownership transfer of 1/2 shares each time.