배당이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On September 1, 2011, the Plaintiff completed the registration of the establishment of a neighboring mortgage, which is the debtor D, the mortgagee, the maximum debt amount of 150,000,000, based on the contract on August 30, 201, with respect to the land of this case (hereinafter “instant land”).
B. D newly constructed, on the ground of the instant land, a multi-family house with the fourth floor (hereinafter “instant building”) and the instant land and the instant building, collectively, “each of the instant real estate” was completed on March 26, 2014 by means of a commission registration.
C. On June 20, 2014, the Defendant completed the registration of creation of a mortgage on the part of the obligor D, the mortgagee, the Defendant, and the maximum debt amount of 210,000,000, as to each of the instant real estate on June 19, 2014.
(hereinafter referred to as the “mortgage of this case”). The grounds for the distribution order of creditors are 2,245,860.00 National Tax Service Branch 1,160,160,754.02, Defendant 82,572, 617, 39.95, Defendant 268,910,510,500, Plaintiff 37,4770,470, 485 24.98 1,527, 2003.51 1,55,527, 2003.51 1,55,475,475,475,462,68, and 3835,485, and 1,527,203.51 2,071,074,475, and 2,894,41,638,531,635, of local tax of North Korea at the port of distribution.
D. On November 28, 2014, the Daegu District Court rendered a decision to voluntarily commence the auction procedure (hereinafter “instant auction procedure”) with respect to each of the instant real estate, and on September 10, 2015, the said court prepared a distribution schedule (hereinafter “instant distribution schedule”) stating that KRW 396,314,835 of the amount to be actually distributed, as indicated below, was distributed on the date of distribution of the instant real estate on the date of distribution of the instant case (hereinafter “the date of distribution”).
E. The Plaintiff appears on the date of distribution of the instant case and made the entire amount of distribution to the Defendant.