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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On October 31, 2017, the Plaintiff married with E, but divorced by a judgment of the Incheon Family Court (the main office), 2016ddan13789 (the main office) and 2017ddan101249 (Counterclaim).
E has been working as a representative director of G Co., Ltd. (hereinafter referred to as “G”) in which the Plaintiff’s partner F is substantially managing from September 16, 2014, and the Plaintiff has been working as a director of G Co., Ltd. (hereinafter referred to as “G”), from March 31, 2015.
B. From that point of view, regarding the building No. 102/2904/29/2904 (hereinafter “the building of this case”) owned by the Plaintiff, the debtor G, the creditor (a joint stock company of April 1, 2017 was changed to B), the maximum debt amount of KRW 500,000,000 (hereinafter “the registration of the establishment of the mortgage of this case”) was completed on December 28, 2015 by the Incheon District Court No. 160582, Dec. 24, 2015.
C. On September 12, 2016, the Defendant filed an application for voluntary auction of the instant building to the Incheon District Court C upon the registration of the establishment of the instant neighboring mortgage, and the registration was completed on September 12, 2016. Accordingly, on the date of distribution of the voluntary auction procedure commenced on January 18, 2018, the distribution schedule (hereinafter “instant distribution schedule”) was formulated with the following contents.
The priority creditors (the maximum debt amount) shall be the mortgagee of the right to grant the amount of distribution 2,31,160 delivered (the pertinent tax) 2,207,396,459,207,396,459, and 459 against the pledgee of the right to collateral security 3 J 207,397,397,930 delivered (the Republic of Korea), 500,000,000,259,393,982, the mortgagee of the right to grant the amount of distribution 2,31,160 delivered (the pertinent tax) of Yeonsu-gu Incheon Metropolitan City.
The Plaintiff stated that he/she is dissatisfied with the total amount of KRW 259,393,982 as stated in the instant distribution schedule, by attending as his/her agent on the date of distribution, and stated that he/she has raised the instant lawsuit on January 24, 2018.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 8, 9, Eul evidence No. 1, and arguments.