배당이의
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Basic facts
A. In relation to Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si (hereinafter “Seoul National Agricultural Cooperative”), the debtor is E, with respect to the size of 6,233 square meters (hereinafter “the instant real property”), the newly established mortgage of each maximum debt amount of KRW 130 million on July 7, 2009, the maximum debt amount of KRW 50 million on November 4, 201, and KRW 72 million on July 6, 201.
B. As to E’s share (3,583/6893/68), Plaintiff B completed the registration of creation of a mortgage over each of the maximum debt amount of February 17, 2012, the maximum debt amount of KRW 12 million, and Plaintiff A completed the registration of creation of a mortgage over April 13, 2012, the maximum debt amount of KRW 50 million.
C. On January 23, 2018, a distribution schedule with the following content (hereinafter “instant distribution schedule”) was formulated in the distribution procedure for D real estate rental auction cases in Busan District Court Branch D (hereinafter “instant distribution procedure”) regarding the instant real estate.
The creditors holding the right to demand distribution of 7,460 won 727,460 won 727,460 won 727,460 won 450,680 won 450,680 won 131,400 won 131,400 won 131,400 won 2,400 won 260,922,526 won 257,000,000 won 32,850 won 32,850 won 32,850 won 32,850 won 4 National Agricultural Cooperative Federation (a finalized payment order) 7,854,79 7,874,579 won 574,579 won 2,6374,74,767,747,747,767,767,74,747,579
D. On January 23, 2018, the Plaintiffs appeared on the date of distribution of the instant distribution procedure, and Plaintiff A raised an objection against the Defendant’s dividend amount of KRW 50 million under the instant distribution schedule, Plaintiff B raised an objection against KRW 12 million, and Plaintiff B filed the instant lawsuit on January 29, 2018.
[Ground of recognition] Class A evidence Nos. 1, 2, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings
2. For the cancellation of the previous auction on the real estate of this case claimed by the plaintiffs, E, the plaintiff Gap 50 million won, and the plaintiff Eul 1.