배당이의
1. Of the distribution schedule prepared by the above court on February 3, 2017, the Seoul Eastern District Court C real estate compulsory auction case.
1. Facts of recognition;
A. On June 25, 2013, the Plaintiff filed a lawsuit against D and deceased E seeking payment of the price for goods, etc. as Seoul East Eastern District Court 2013Gahap10382 (after that, D filed a counterclaim against the Plaintiff (hereinafter referred to as Seoul East Eastern District Court 2013Gahap15065). On April 2, 2014, the Seoul East Eastern District Court rendered a judgment that “D and Dong E jointly and severally pay to the Plaintiff the amount of KRW 2,789,259,966 and its delay damages.”
D and net E appealed against the above judgment, and appealed to Seoul High Court 2014Na20127666 (main office), 2014Na201273 (Counterclaim). As the network E died on August 24, 2014 while pending the appellate trial, D succeeded to the property of the network E, and the Seoul High Court issued a judgment on June 11, 2015, stating that “D shall pay to the Plaintiff the amount of KRW 1,424,462,98 and delay damages therefor,” and the above judgment became final and conclusive on June 30, 2015.
B. On April 10, 2014, based on the judgment of the court of first instance, the Plaintiff applied for a compulsory auction with a claim amounting to KRW 1,500,000 with respect to each real estate listed in the separate sheet, which is owned by the network E (hereinafter “instant real estate”). The Seoul Eastern District Court rendered a compulsory auction ruling on April 11, 2014.
(hereinafter “instant auction procedure”). C.
On the other hand, on March 17, 2014, the network E made the registration of the establishment of a mortgage to F with the maximum debt amount of KRW 1,565,00,000 and the mortgagee F with respect to the instant real estate.
After that, on January 22, 2016, the F made a supplementary registration to transfer the right to collateral security on the ground of transfer of the right to collateral security to G, and G made a supplementary registration to transfer the right to collateral security on February 25, 2016 to the Defendant on the ground of transfer of the right to collateral security.
(hereinafter “instant collateral security”). D.
On May 16, 2016, the Plaintiff’s instant collateral security against the Defendant (Seoul Eastern District Court 2016Gahap103840).