배당이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On November 5, 2008, the Plaintiff as the Plaintiff completed the registration of the establishment of a mortgage (hereinafter “instant real estate”) consisting of the maximum debt amount of KRW 2,00,000 with respect to the real estate indicated in the separate sheet (hereinafter “instant real estate”) owned by Grand House Co., Ltd. (hereinafter “Large House”) in order to secure the claim against Grand Bank Co., Ltd. on November 5, 2008. As of July 28, 2015, the Plaintiff’s secured debt amount of KRW 13,194,018,929 (a total of KRW 5,937,808,420) is the total of KRW 7,256,210,509.
B. On February 27, 2012, the Defendant, at the first auction procedure, set up a pledge on the claim for the right to collateral security against a limited company 2003, which is the right to collateral security on the leased house. On February 27, 2012, the Defendant filed an application for voluntary auction against the Changwon District Court with the Changwon District Court for a real estate auction procedure to the Changwon District Court B (hereinafter “the first auction procedure”).
On August 29, 2013, in which distribution schedule was prepared at the first auction, the Defendant’s secured claim amounting to KRW 15,650,249,335 (= Principal KRW 14,400,000,000). However, the Defendant received dividends of KRW 10,420,563,967 in the order of priority 4.
(66.58%) On the other hand, in the first auction procedure, the Korea Workers' Compensation and Welfare Service requested a distribution by subrogation of the worker's right to claim wages in accordance with the Wage Claim Guarantee Act, and the order of priority for distribution was paid the total amount of KRW 2,359,145,150, which is the claimed amount in the first order.
C. On December 5, 2013, the Defendant applied for provisional seizure of the Defendant’s real estate by subrogation of the Korea Workers’ Compensation and Welfare Service, and applied for provisional seizure of KRW 2,359,145,150 regarding the instant real estate to the Seoul Southern District Court. The Seoul Southern District Court’s provisional seizure order 2013Kadan71384 was completed on December 31, 2013.
The new Savings Bank, a stock company, in the process of the second auction procedure, applied for a voluntary auction based on the right to collateral security with respect to the instant real estate and filed on October 31, 2014.