Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On November 27, 1999 with respect to E/F-ground housing and neighborhood living facilities (hereinafter “the instant real estate”), the establishment registration of a mortgage on the second floor of the E/F-ground housing and neighborhood living facilities (hereinafter “the instant real estate”), the establishment registration of a mortgage on November 27, 199, the establishment of a mortgage on the part of the Federation, the maximum debt amount 24 million won on December 14, 200, the establishment registration of a mortgage on the part of the Federation, the establishment registration of a mortgage on the part of the Federation, the establishment registration of a mortgage on November 4, 200, the maximum debt amount 38.4 billion won on November 4, 200, and the
B. On March 7, 2017, H Fund received a provisional attachment order of KRW 85 million with respect to the instant real estate; the Defendant received a claim amount of KRW 100 million on March 16, 2017; KRW 39,073,952 with respect to the claim amount of KRW 39,073,952 with respect to the I Co., Ltd; and the J Co., Ltd received a provisional attachment order of KRW 3,120,678 with respect to the claim amount of KRW 3,120,678 with respect to the instant real estate.
C. On May 15, 2017, upon the application of J Co., Ltd., which is the right to collateral security, a voluntary decision to commence the auction of the instant real estate, etc. was made on May 15, 2017.
On June 27, 2018, a date of distribution of the auction of this case, the court of execution prepared a distribution schedule of KRW 238,382,947 to K-based K-based limited companies to which the transferee of J-based company applied for distribution, KRW 257,413,496 as the second mortgagee, KRW 521,610 as the third mortgagee, KRW 9,047, 590, and KRW 780,084 to J-based company as the fourth mortgagee of the National Health Insurance Corporation as the fourth mortgagee of the fourth provisional attachment, and KRW 24,997,258 to the defendant, KRW 9,767,417 as the person entitled to demand distribution, and KRW 24,287,525 as the person entitled to demand distribution.
E. The Plaintiff appeared on the aforementioned date of distribution, and raised an objection against KRW 20,00,00 out of KRW 24,997,258 of the Defendant’s dividend amount, and filed the instant lawsuit on July 2, 2018, within one week thereafter.
[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 2, and 5, and the purport of the whole pleadings
2. The allegations and judgment of the parties
(a)a party’s assertion;