배당이의의 소
1. Of the instant lawsuit, the part demanding the correction of the distribution schedule exceeding KRW 500,000 shall be dismissed.
2. The plaintiff.
1. Facts of recognition;
A. G: (a) With respect to the portion owned by G, G, the establishment registration of a neighboring mortgage of KRW 572,00,000 on March 10, 201 with respect to the portion owned by G (hereinafter “new bank”) out of the Dongjak-gu Seoul Metropolitan Government H 3,382 square meters (hereinafter “instant land”); (b) the establishment registration of a neighboring mortgage of KRW 2,562,30,000 on May 20, 201; (c) the establishment registration of a neighboring mortgage of KRW 2,885,000 on June 24, 201 with the maximum debt amount of KRW 2,885,00,000, the establishment registration of a neighboring mortgage of KRW 1,080,000 on June 20, 2012 with the maximum debt amount of KRW 1,080,000,000.
(hereinafter “each of the instant mortgage”). B.
On February 22, 2016, the Plaintiff subrogated to the new bank G on his/her behalf, and completed the additional registration of the transfer of the right to collateral security on February 23, 2016, and completed the additional registration of the right to collateral security on November 28, 2017 with respect to each of the instant collective security interests, the Plaintiff created a pledge on each of the instant collective security interests claims with respect to the non-mortgage claims to non-mortgage Savings Bank Co., Ltd. (hereinafter “non-n&K”) and the Incheon Savings Bank (hereinafter “Incheon Savings Bank”), and completed the additional registration of the pledge on each of the instant collective security interests.
C. Of the instant land, the auction procedure was commenced with respect to the shares 1470.98/338 of G owned by this Court B, C, D (Joint), E (Joint), and F (Dus). On December 2017, the Plaintiff submitted a bond account statement containing KRW 6,460,00,00, interest 1,764,086,473 in total as the amount of demand for distribution based on the right to collateral security at the above auction procedure, and KRW 8,224,086,473 in total.
From the above auction procedure on December 22, 2017, KRW 11,97,091,996, which is the actual amount to be distributed after deducting the execution cost, was set up a distribution schedule that distributes the amount of KRW 5,025,205,479,205,479, 2,010,082,191, and 64,012,330, to the plaintiff who is the second mortgagee, the third mortgagee, and the defendant who is the third mortgagee, the third mortgagee, to the defendant 4,87,791,96.
E. On the date of the above distribution, the Plaintiff’s amount of KRW 500,000,000 out of the amount of distribution to the Defendant.