배당이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The registration of the establishment of a neighboring mortgage (hereinafter “each of the instant mortgage”) was completed with respect to the registration of the establishment of a neighboring 402 square meters in Jongno-gu Seoul (hereinafter “instant real estate”) as follows.
1) On March 3, 2008, the Defendant: (a) on October 9, 2008, the maximum debt amount of KRW 180 million; (b) the obligor; (c) the mortgagee; and (d) the mortgagee; (c) the Plaintiff; (d) the mortgagee; and (e) the mortgagee; (d) the mortgagee; (e) the mortgagee; and (e) the mortgagee; (e) the mortgagee; and (e) the mortgagee; and (e) the mortgagee.
B. On August 23, 2013, with respect to the instant real estate upon the Defendant’s application, the voluntary auction procedure was initiated to the Seoul Central District Court C on August 23, 2013 (hereinafter “instant auction”).
In the auction procedure of this case, on May 3, 2016, the court of execution prepared a distribution schedule that distributes the amount of KRW 480,00,000,00 to the Defendant, who is the applicant creditor and the mortgagee, within the scope of the maximum debt amount of KRW 1,047,402,738 (=interest of KRW 300,000,000,000), which is the maximum debt amount of KRW 747,40,738).
The plaintiff stated an objection against the amount of dividends of the defendant.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 3, the purport of the whole pleadings
2. The assertion and judgment
A. 1) The Plaintiff: (a) borrowed each of the instant loans from the Defendant with a total of KRW 137 million on March 3, 2008; (b) KRW 137 million on October 9, 2008; and (c) KRW 34.2 million on October 27, 2008; and (d) established each of the instant loans with a view to securing the above loans; (b) the Plaintiff applied for an auction of KRW 370 million on April 7, 2008; (c) KRW 300,000 on May 27, 2008; and (d) KRW 370,000,000 on October 9, 2008; and (e) KRW 3700,000,000 on the loans with a total of KRW 370,000,000 on March 33, 2008; and (e) KRW 3700,000,00 won on the loans.