배당이의
1. Defendant among the distribution schedule prepared on July 14, 2016 by the above court with respect to the case of Cheongju District Court A real estate compulsory auction.
1. Basic facts
A. The Plaintiff filed an application for compulsory auction (this court A; hereinafter the “instant auction procedure”) against D’s 1/3 shares out of 243 square meters of Cheongju-gu, Seo-gu, Seo-gu, Seoul District Court Decision 2006Gadan5665, the Plaintiff filed an application for compulsory auction (this court; hereinafter the “instant auction procedure”), and the bankruptcy trustee of So-gu, the bankrupt company, who was deemed to have received dividends in the instant auction procedure, was changed to B, So-gu, So-gu, Seoul District Court Decision 2006Gadan565, and the bankruptcy trustee of the bankrupt, who was deemed to have received dividends in the instant auction procedure, filed an application for compulsory auction on the ground
In the auction procedure of this case, a person who is subject to the second priority as a person holding the provisional seizure of this case is subject to dividend.
B. At the instant auction procedure, the distribution schedule was prepared on July 14, 2016, and was prepared for the Plaintiff to distribute KRW 45,868,481 to the Plaintiff, KRW 10,515,31 to the Defendant Industrial Bank of Korea, KRW 4,734,130 to the Defendant Central Lease Finance Co., Ltd, and KRW 8,08,708,701 to the bankruptcy trustee B of the bankrupt So-called Comprehensive Finance Co., Ltd.
(hereinafter “instant distribution schedule”). [Grounds for recognition] Gap’s evidence Nos. 1 and 2, and the purport of the entire pleadings
2. The parties' assertion
A. Plaintiff 1) The claim, which served as the basis for the distribution of the dividends against Defendant Industrial Bank of Korea and the Central Lease Finance Co., Ltd, was extinguished upon repayment or the completion of the extinctive prescription for commercial claims. Moreover, the claim against the Defendant Industrial Bank of Korea was transferred to the final Ethi Capital Co., Ltd through a limited liability company specialized in the first securitization. (2) The claim against the bankrupt C&C against the bankruptcy trustee B was taken over by the bankrupt C&C Co., Ltd., a person entitled to demand distribution, in the second instance of the instant auction procedure, and was distributed by demanding a distribution.
3. Therefore, the Defendants’ dividends are illegal.
B. The defendant Industrial Bank of Korea shares the Bank of Korea.