배당이의
1. The plaintiff (appointed party)'s appeal is dismissed.
2. The costs of appeal are assessed against the Plaintiff (Appointed Party) and the appointed parties.
1. Basic facts
A. On May 14, 2004, the Defendant completed the registration of creation of a collateral security (hereinafter “instant collateral security”) under the name of the debtor I and the maximum debt amount of KRW 240 million with respect to H 40,726 square meters (hereinafter “real estate prior to the division”) of forests and fields H in Pyeongtaek-gun, Gangseo-gu, Gangwon-gu, Gangwon-do (hereinafter “the instant collateral security”).
Since then, on August 13, 2004, J 1,000 square meters was divided from the real estate before subdivision, which was divided into the real estate in the attached Table 1, 2, and 3 on November 19, 2004.
B. On April 18, 2007, the Plaintiff, the Selection E, and F completed the registration of the establishment of a neighboring mortgage in their names with respect to the share owned by the Hebial Co., Ltd. (hereinafter “ Hebial”) among each real estate listed in the separate sheet Nos. 1, 2, and 3 on April 18, 2007, with the maximum debt amount of KRW 600 million, and D completed the registration of the establishment of a neighboring mortgage on June 4, 2008 with the transfer amount as KRW 100 million.
On the other hand, on August 3, 2010, real estate listed in the separate sheet Nos. 4 through 11, which was owned by the non-party company, was added to the secured real estate of the plaintiff and the designated parties (hereinafter "the plaintiff et al.").
C. On January 20, 2010, on the application of the Plaintiff, etc., the procedures for voluntary auction for the monthly branch court of the Chuncheon District Court (hereinafter “instant auction procedure”) began on January 20, 2010, and on May 15, 2014, the executing court prepared a distribution schedule that distributes to the Plaintiff, etc. and the Defendant as indicated in the following table (hereinafter “instant distribution schedule”).
The court below's order of priority in the distribution table of this case 30,257,000 won 60,257,058 won 83.23% 5% 5% 24,498,666,664 won 26,666,667 won E--16,666,67 won 61,245% 61,245% 36.75% 5% 63,33,3333,333 won 12,249,0365% 75% 5% 16.5% 5% 5% 61,666,67 won 24,466