배당이의
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Basic Facts
On April 13, 2009, the New Bank Co., Ltd. established the right to collateral security of KRW 284,400,000 with respect to the instant real estate in order to secure the debtor C’s right to collateral loans.
Then, on December 23, 2013, Plaintiff K, a limited company specializing in the third-party securitization (hereinafter “Plaintiff K”) received the above loans and the above right to collateral security (hereinafter “the above right to collateral security”). As of January 14, 2015, the principal amount of the above right to collateral security was KRW 331,816,540 ( KRW 237,000,000,000 general loan, KRW 30,000,000,000 general loan, KRW 14,816,540,000 general loan, KRW 50,000,000), and interest is KRW 65,73,152.
On June 25, 2010, AD Mutual Savings Bank Co., Ltd. loaned KRW 63 million to the debtor C, and on the same day, established a collateral of KRW 81.9 million with respect to the instant real estate in order to secure the said loan claims, and the Plaintiff ADD Loan Co., Ltd. (hereinafter “Plaintiff AD”) was transferred with the said loan claims and the collateral security claims on July 3, 2014.
Plaintiff
In the case, on March 3, 2014, the Suwon District Court 2013Kadan6698 rendered voluntary decision to commence auction on the instant real estate, and accordingly, the auction procedure was in progress.
On April 16, 2014, the Defendant asserted that he is a small lessee of the instant real estate at the above auction procedure, and filed a report on the right to lease deposit amounting to KRW 30 million and a demand for distribution.
Upon the sale of the instant real estate, the auction court opened a date of distribution on January 14, 2015 and prepared and presented a distribution schedule to interested parties, which allocates the remainder of 261,442,390 won to the Defendant, who is the lessee of small claims, in the first priority order, to distribute the remainder of 261,442,390 won to the third party, who is the senior mortgagee, in the second priority order (hereinafter “instant distribution schedule”).
The Plaintiffs are on the date of distribution.