채권자대위권에 의한 배당이의
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Basic facts
A. The E Co., Ltd. (hereinafter “E”) completed the registration of ownership transfer in its name on January 8, 2013 with respect to each real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”).
B. As to the instant real estate, E, on February 28, 2013, completed the establishment registration of a mortgage consisting of the maximum debt amount of 1,080,000,000 with the Gwangju Bank (hereinafter “Gwanju Bank”), and on December 27, 2013, entered into a mortgage agreement (hereinafter “mortgage agreement”) with the Defendant and completed the establishment registration on the same day.
C. On December 31, 2014, at the request of the Gwangju Bank, the decision to commence voluntary auction was rendered as D with the Suwon District Court regarding the instant real estate.
In the above auction procedure (hereinafter “instant auction procedure”), on July 24, 2015, the said court prepared a distribution schedule (hereinafter “instant distribution schedule”) stating that, with respect to the amount of KRW 1,861,836,227 to be actually distributed from the proceeds of sale and interest of the instant real estate, the amount of KRW 1,027,870,645, and KRW 1,084,990, and KRW 832,80,592, to the Defendant, who is the mortgagee, shall be the mortgagee, and KRW 1,027,870,645, and KRW 1,084,90, and KRW 832,80,
[Ground for Recognition: Facts without dispute, Gap evidence 9, Gap evidence 10-1 and 2, the purport of the whole pleadings]
2. The Plaintiffs asserts that ex officio determination on the legitimacy of the part of the lawsuit of demurrer against distribution among the lawsuit of this case is a creditor who they have the right to claim restitution of unjust enrichment against E, and the mortgage contract of this case concluded between E and the Defendant is null and void due to false conspiracy, etc., and thus, the Defendant’s payment of KRW 832,880,592 as dividends in the auction procedure of this case should have been paid by E in subrogation of E, on the ground that E should have received dividends.
(e).