배당이의
1. It was drawn up by the above court on May 15, 2014 with respect to the case of the voluntary auction of real estate D with the Youngcheon District Court Young-gu Branch D.
1. Basic facts
A. In order to secure a total of KRW 600,000,000,000 for loans against G, the Plaintiff (appointed parties; hereinafter “Plaintiffs”) and the Defendant jointly completed the registration of establishment of a mortgage of KRW 600,000 for the real estate owned by the Dobsan Branch of the Chuncheon District Court as the receipt of April 18, 2007, as the maximum debt amount of KRW 600,000,000,000 for each of the loans against G.
However, on June 4, 2008, with respect to the above right to collateral security, the registration of additional transfer of each share of the plaintiff, the designated person and the defendant (no share is specified) to the non-party H, and additional registration of additional transfer of each share of the plaintiff, the designated person and the defendant, and the registration of additional transfer of each real estate indicated in the attached property (hereinafter "the real estate in this case") was completed on August 3, 2010.
B. On May 15, 2014, the said auction court prepared a distribution schedule (hereinafter “instant distribution schedule”) that distributes dividends of KRW 220,482,668 (hereinafter “the remaining dividends”) to the applicant creditors and mortgagees holding the right to collateral security, in five order of distribution, to distribute dividends of KRW 61,245,186 (hereinafter “instant distribution schedule”) among the creditors and mortgagees holding the right to collateral security, in which the said auction court distributes dividends of KRW 220,482,68 (hereinafter “the instant dividends”).
C. The Plaintiff and the designated person appeared on the date of the foregoing distribution and raised an objection to the instant lawsuit on May 22, 2014, with the aggregate of KRW 12,249,036 among KRW 61,245,186, which was distributed to the Defendant (the person having the right to collect, F, and Provisional Attachment C) as to KRW 24,49,072.
[Ground of recognition] Unsatisfy, Gap evidence 1, Gap evidence 2, Gap evidence 7, Eul evidence 5, the purport of the whole pleadings
2. As to the instant real estate to H on June 2, 2008, the Defendant’s judgment was as follows.
Of KRW 200,000,000 as the secured claim of the right to collateral security (hereinafter “instant right to collateral security”) as stated in the claim, the transfer of the right to collateral security amounting to KRW 100,000,000 and the amount of the said claim, to the Defendant.