배당이의
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On May 16, 2006, Nonparty F completed the registration of creation of a mortgage over KRW 300 million on the ground of a joint owner’s share 2/14 of the Plaintiff’s share (hereinafter “instant real estate”) out of 7,438 square meters of 7,438 square meters of Manam-gu, Sungnam-gu, Sungnam-si, for establishing a mortgage on the same date.
(hereinafter “instant collateral security”). B.
The Defendants received an assignment order [the amount claimed by obligee: KRW 284,01,357 (the amount claimed by obligee: KRW 157,78,785,535, KRW 63,11,411; KRW hereinafter “instant attachment and assignment order”)] from the Defendant on April 3, 2015 and completed the instant transfer registration under the name of the Defendants on September 3, 2015, with respect to the instant claim against the Plaintiff as to the instant claim against the Plaintiff of the said F based on the judgment deposit in the claim for the payment of the purchase contract balance and the contract deposit.
C. After that, in the Suwon District Court’s Sung-nam Branch E case of auction of real estate (hereinafter “related auction case”), on October 22, 2015, a decision to voluntarily commence auction was rendered on the instant real estate on November 24, 2016, and on November 24, 2016, a distribution schedule was formulated to distribute KRW 150,846,11 won to Defendant B, Defendant C, and Defendant D, respectively. Accordingly, the Plaintiff was present on the date of distribution of the relevant auction case on the same day, and the Plaintiff stated that each of the dividends of KRW 30,169,220 among the dividends of Defendant C and D, KRW 75,423,05, among the dividends of Defendant B, raised objection to each of the dividends of KRW 75,423,055.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, 5, Eul evidence Nos. 1 and 2, the purport of the whole pleadings
2. Determination:
A. On July 22, 2005, the Plaintiff’s summary of the Plaintiff’s assertion indicated the instant real estate [However, the Plaintiff indicated that “A” certificate No. 2 (in the real estate sales contract, “A” means “321 square meters of the seller’s share of KRW 1,061 square meters of the sale price (Plaintiff) out of the 7,438 square meters of the amended G forest in Sungnam-si, Sungnam