배당이의
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Basic Facts
On August 31, 2016, with respect to each real estate listed in the attached Table 1, registered in the name of E in the name of E, the compulsory auction procedure was initiated as Suwon District Court D on August 31, 2016, and as to each real estate listed in the attached Table 2, registered in the name of F, the voluntary auction procedure was initiated with the Suwon District Court G on December 27, 2016, and each of the above auction procedures was jointly initiated.
[This case’s auction procedure (hereinafter “instant auction procedure”). On May 12, 2017, the Plaintiff filed a lien on the ground that the claim for construction cost of KRW 160,000,000 was the secured claim at the above auction procedure, and that the Plaintiff possessed KRW 101 and KRW 301, out of the real estate listed in the attached Table 2 attached hereto, jointly with I.
In the auction procedure of this case, on September 28, 2017, the auction court prepared a distribution schedule with the content of distributing KRW 447,151,976 in total to Defendant B (the applicant creditor), and distributing KRW 285,642,661 in dividend order to Defendant C (the applicant creditor).
The Plaintiff appeared on the date of distribution as above, and raised an objection against KRW 60,000,00 among the dividends of Defendant B, and KRW 20,000,00 among the dividends of Defendant C, and filed the instant lawsuit on October 10, 2017.
A lawsuit of demurrer against distribution shall be filed within one week from the date of distribution (Article 154(3) of the Civil Execution Act). If the last day of the period falls on a holiday, the period shall expire on the following day (Article 161 of the Civil Act), and since it is a holiday from October 2, 2017 to October 6, 2017, the plaintiff's lawsuit of demurrer against distribution was filed within the period of filing the lawsuit.
[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 5, 6, and 7 (including serial numbers), and the purport of the whole argument of the plaintiff as to the purport of the whole pleading, the plaintiff's argument that the successful bid is low due to malicious act of defendant B in the auction procedure of this case, and the defendant Eul acquired unfair profits by receiving a successful bid.