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Reasons
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(영문) 의정부지방법원 2011.10.28 2010가합11016
배당이의
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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 July 13, 2007, with respect to each of the real estates listed in the separate sheet owned by the Plaintiff (hereinafter “each of the instant lands”), the registration of creation of a mortgage over the maximum debt amount of KRW 770,000,000 against the Plaintiff and the mortgagee as the Defendant (hereinafter “instant collateral mortgage”) was completed on August 24, 2007, and on August 24, 2007, the registration of creation of a mortgage over the maximum debt amount of KRW 340,000,000 against the Plaintiff and the mortgagee as the Defendant (hereinafter “instant collateral mortgage”).

B. In the case of auction of real estate rent, which was commenced upon the application of the Defendant, the mortgagee of the right to collateral security, and the Agricultural Cooperatives, the Defendant submitted a claim statement with the sum of KRW 1,304,940,000 [the secured debt up to May 12, 2009 of the instant first collateral mortgage] of KRW 336,540,00 (the secured debt up to May 23, 2009 of the instant second collateral mortgage) around May 2009.

C. On October 11, 2010, the above court drafted a distribution schedule of KRW 31,290,200 among the amount to be actually distributed as of the date of distribution of KRW 4,396,052,98, which is a total of KRW 31,290,200 among the amount to be actually distributed as of the date of distribution; KRW 845,815,230 of the amount to be distributed to the Republic of Korea; KRW 268,092,502 of the amount to be distributed to the Republic of Korea; KRW 770,000,000 of the amount to be distributed to the Defendant (the amount of dividends based on the instant first priority mortgage) and KRW 336,540,00 of the amount to be distributed as KRW 14,315,056 of the amount to E (the amount based on the instant second priority mortgage).

The Plaintiff appeared on the date of the above distribution, and raised an objection against the total amount of each of the above dividends against the Defendant, and filed a lawsuit of demurrer against the distribution on October 15, 2010, which was within one week thereafter.

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1, 2-1, 3, 30, 31, and 32-1, 30, 32 of Gap evidence No. 1-2, and the purport of the whole pleadings

2. Plaintiff’s assertion and Plaintiff’s husband F (hereinafter “Plaintiff, etc.”)

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