배당이의의 소
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. C entered into a mortgage agreement with the Industrial Credit Union established on February 7, 2011 as the maximum debt amount of KRW 208,000,000 and the industrial credit union established as the right to collateral security, and completed the registration of establishment of a mortgage (hereinafter “instant collateral security”) or the registration of establishment of a mortgage on the land and its ground (hereinafter “instant real estate”) owned by Seocheon-si as of the same day.
B. On December 31, 2014, the Korea Industrial Credit Union transferred the instant right to collateral security to the Plaintiff, and completed the supplementary registration of the transfer of the instant right to collateral security on the same day.
On the same day, the Plaintiff entered into a pledge agreement on the instant collateral security (hereinafter referred to as “the instant pledge registration”) with the LBF Capital Co., Ltd. (hereinafter referred to as “LBF Capital”) by setting the amount of claims 208,000,000, the due date for payment of interest 7% per annum, and the due date for payment of interest 8% per month, and completed the registration of the pledge right on the same day (hereinafter referred to as “instant pledge registration”).
C. On April 29, 2014, the Plaintiff filed an application for voluntary auction (hereinafter “instant auction procedure”) with respect to the instant real estate with the amount claimed to the District Court B as KRW 251,340,355.
On October 14, 2016, the above court prepared a distribution schedule (hereinafter “instant distribution schedule”) with the content that distributes KRW 14,000,000 to the Defendant (100%) on the date of distribution, KRW 441,160 (100%) in the second order to Pocheon-si (100%) in the second order to Pocheon-si, KRW 121,000,000 (100%) in the third order to 121,000,000 (10%) in the third order to Posi Capital, and KRW 87,00,000,000 in the third order to the Plaintiff (100%).
E. Meanwhile, on the date of the above distribution, the Plaintiff raised an objection to the total amount of KRW 14,00,000 against the Defendant on the date of distribution, and filed a lawsuit of demurrer against the distribution of this case.
[Reasons for Recognition] Facts, absence of dispute, entry of Gap evidence 5 to 8, as well as the whole pleadings.