배당이의
1. It was drawn up by the above court on May 30, 2014 with respect to the senior auction of real estate C in Gyeyang-gu District Court.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. 1) The New Bank of Korea Co., Ltd. (hereinafter “the instant apartment”) is the owner of the non-party D, Seoyang-gu E apartment No. 209-dong 302 (hereinafter “the instant apartment”).
(2) As to the establishment registration of a mortgage (hereinafter “mortgage 1 of this case”), the establishment registration of a mortgage amounting to KRW 387,000,000, the maximum debt amount shall be deemed as the grounds for registration on February 29, 2012, which was received on February 29, 2012 by the Seoyang Branch of the District Court, the Goyang Branch of the District Court, the Goyang Branch of the High Branch of the District Court, as the grounds for registration.
(2) On July 8, 2013, the non-party Korea Asset Management Corporation completed the registration of establishment of a mortgage (hereinafter referred to as “non-party 2 mortgage”) with the purport of changing the creditor under the instant right to collateral security from a new bank to the non-party Korea Asset Management Corporation on July 27, 2013, as the receipt of No. 102327, Jul. 8, 2013. The non-party 2) completed the registration of establishment of a mortgage with the purport of changing the creditor under the instant right to collateral security from the non-party 2 to the non-party 2. The defendant completed the registration of establishment of a mortgage (hereinafter referred to as “the non-party 2 mortgage”) with respect to the instant apartment as the receipt of the High Government District Court Decision No. 24918, Feb. 29, 2012 as the grounds for registration, and the maximum debt amount is KRW 193,548,600.
3) Nonparty Korea Asset Management Corporation applied for a voluntary auction of the instant apartment on the ground of the instant collateral security, and on September 13, 2013, the auction procedure following the said voluntary decision to commence the auction (hereinafter referred to as “instant auction procedure”).
(4) At the instant auction procedure, the Jinyang Branch of the District Court: (a) distributed KRW 379,831,723 in the order of 386,832,415, which was initially distributed to Nonparty Korea Asset Management Corporation, a creditor under the instant collateral security; and (b) distributed KRW 3,334,782 in the order of 4rd priority to the Defendant, a creditor under the instant collateral security; and (c) claimed that the apartment was a lessee under the instant collateral security; and (d) the Plaintiff demanded a distribution.