배당이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On May 31, 2017, the Defendant entered into a mortgage agreement with D as to F apartment G (hereinafter “instant apartment”) with the maximum debt amount of KRW 36 million with respect to F apartment G (hereinafter “instant apartment”) located in E as of May 31, 2017, and completed the registration of the establishment of the neighboring apartment G as of June 2, 2017, such as the Jeonju District Court’s full branch court’s support, etc. < Amended by Act No. 16363, Jun. 2, 2017>
B. D around May 31, 2017, around May 31, 2017, bears the Plaintiff’s obligations for loans and loans arising from the use of credit cards under a credit transaction agreement.
C. On June 15, 2017, the Plaintiff received a decision of provisional seizure on the instant apartment as the Jeonju District Court’s Jeonju District Court’s Branch Branch Decision 2017Kadan235, and completed provisional seizure registration for the instant apartment as KRW 106,783,304 with respect to the claim amount regarding the instant apartment on the same day.
On July 24, 2017, the apartment of this case was issued a voluntary decision to commence the auction as a branch court of the Jeonju District Court and Eup branch court C. On June 21, 2018, on the distribution date, the distribution schedule setting forth the amount of dividends to the Defendant, who is the mortgagee, as KRW 19,407,364, and the Plaintiff stated an objection against the total amount of dividends of the Defendant on the distribution date.
[Ground of recognition] Facts without dispute, Gap 1 through 3, 5 through 8, each entry (including separate numbers), the purport of the whole pleadings
2. Determination as to the cause of action
A. The Plaintiff’s assertion that the mortgage contract of this case constitutes a fraudulent act as an act of reducing ordinary creditors’ joint security by offering only real estate with the intent of evading compulsory execution between Defendant D and the Defendant with the intent of evading compulsory execution, or as an act of reducing ordinary creditors’ joint security by offering the same real estate with the intent of insolvency. Thus, the Plaintiff’s assertion that the amount of dividends to the Defendant is deleted from the dividend table prepared in the voluntary auction procedure for the apartment of this case and distributed
B. The judgment-based contract is concluded.