배당이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The defendant is a person who engages in credit business under the trade name of "D".
B. On April 1, 2015, the Defendant: (a) deposited KRW 245,00,000 with the Plaintiff KRW 195,000,000, and KRW 50,000 with the maturity of KRW 245,00,000 with the interest rate of KRW 14% per annum on April 1, 2016; and (b) lent the Plaintiff at 30% per annum.
On the same day, in order to secure the repayment of the above loan debt to the Defendant, the Plaintiff completed the registration of creation of a mortgage with regard to the debtor, the defendant, the creditor, and the maximum debt amount of 65,00,000 won, and 253,000,000 won (total 318,50,000 won) with respect to the land E in Seoul, Gwangjin-gu and the multi-family house with bricks on its ground (hereinafter “instant real estate”).
C. On November 16, 2015, the Defendant set the amount of each right to collateral security against each of the above right to collateral security at the Nowon-gu Saemaul Bank of Korea, 65,000,000 won, and 253,00,000,000 won, and each right to collateral security against the Defendant and the creditor as the Nowon-gu Saemaul Bank of Korea.
When the plaintiff delayed the payment of interest, the defendant applied for voluntary auction on the real estate of this case, and the procedure of voluntary auction was initiated to Seoul Eastern District Court C.
E. The Defendant submitted a claim statement of KRW 412,067,100 (including the pledge 180,569,580 won on the Nowon-gu Community Security Department) in the auction court, including the sum of KRW 245,00,000, interest KRW 83,541,530, overdue interest of KRW 83,525,570, and overdue interest of KRW 412,067,10.
F. On September 1, 2017, the court issued a distribution schedule with the order of 80,00,000, 55,000, 180,000 won (the highest amount of claims 318,50,000 won (the highest amount of claims 318,500,000 won) to the Defendant (the mortgagee) in the order of 137,930,420 won (the highest amount of claims 318,50,000 won) to the Defendant (the mortgagee) in the second order of 80,00,000 won to G (the lessee with the fixed date) and 55,00,000 won to the Defendant (the general creditor), and with the order of 40,567,100 won to distribute the surplus amount to the Plaintiff in the order of 5,000,000 won to the Defendant (the general creditor).
[Reasons for Recognition] Unsatisfy, Gap 1 to 4 (including virtual numbers), Eul 1 to 1.