배당이의
1. Of the distribution schedule prepared on December 26, 2013 by the same court with respect to the Incheon District Court C and D (Dual) real estate auction cases.
1. Facts of recognition;
A. On March 21, 2013, the Plaintiff filed an application for compulsory auction of real estate at the Incheon District Court C with respect to each notarial deed (No. 1659, 1660) with the executory power over E (No. 1659, 2012, No. 1650, the New Law Office Deed No. 1660; hereinafter “the Plaintiff’s claim”). Accordingly, the Plaintiff filed an application for compulsory auction of real estate at the Incheon District Court C with respect to the G apartment No. 2-dong No. 404, No. 2-dong, Incheon Metropolitan City (hereinafter “the instant building”). Accordingly, the compulsory auction order was issued on the same day, and the auction procedure was conducted.
B. Meanwhile, on May 24, 2013, upon the application for a voluntary auction of real estate by Nonghyup Bank Co., Ltd., a collateral security right holder, the said building, the decision of voluntary auction was rendered, and the auction procedure was proceeded with the said compulsory auction procedure
(hereinafter “instant auction procedure”). C.
In the instant auction procedure, the Plaintiff made a demand for distribution of the Plaintiff’s instant claim, and on June 19, 2013, prior to the date of demand for distribution ( June 20, 2013), the Defendant also made a demand for distribution with respect to the instant claim on the promissory note against E (hereinafter “instant claim”). D.
On November 19, 2013, the Defendant submitted a claim statement to this court, and submitted a notarial deed on the Defendant’s instant claim (Seoul Notaries Joint Office No. 285, June 21, 2013, No. 2013, hereinafter “instant notarial deed”).
E. In the instant auction procedure, the said court prepared a distribution schedule with the content that distributes KRW 18,079,199 to the Defendant and KRW 3,143,675 to the Plaintiff in the third order (hereinafter “instant distribution schedule”). On December 26, 2013, the date of distribution, the Plaintiff, who raised an objection against the entire amount of dividends to the Defendant, filed a lawsuit of demurrer against the instant distribution on December 30, 2013, which was within one week thereafter.
[Grounds for Recognition] Facts without dispute, entry of Gap 1 to 5 evidence (including branch numbers) and arguments.