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(영문) 대구지방법원서부지원 2015.11.19 2015가단35199

배당이의

Text

1. On June 22, 2015, the Daegu District Court prepared a case concerning voluntary auction application for the real estate B by a deputy court of the Daegu District Court.

Reasons

1. Facts of recognition;

A. On August 13, 2014, the Plaintiff prepared a distribution schedule and received a provisional attachment order of KRW 790,000,000 as to the real estate listed in the separate sheet owned by Nonparty Company (hereinafter “instant real estate”) as the right to indemnity against Nonparty Company C (hereinafter “Nonindicted Company”). On January 14, 2015, the Plaintiff again filed a lawsuit against Nonparty Company for indemnity claim No. 2014Gadan12075, Daegu District Court (Seoul District Court 2014; and on October 14, 2015, “Defendant Company (Nonindicted Company)” received 12% per annum from the Plaintiff from October 1, 2014 to December 24, 2014; and the judgment became final and conclusive at each rate of KRW 20% per annum from the next day to the date of full payment.

On October 17, 2014, the procedure for the auction of real estate (hereinafter referred to as “instant auction procedure”) was commenced by the Daegu District Court Branch B, Inc., Ltd., a collective security right holder, with respect to the instant real estate. At the instant auction procedure, the Defendant was the top priority wage creditor, and the Plaintiff participated in each distribution as a person holding a provisional attachment right. On June 22, 2015, the said court: (a) on June 22, 2015, issued a distribution schedule to D, who is the first priority wage creditor, with the first priority of KRW 3,679,40; (b) 3,65,565; (c) 3,393,573; and (d) 11,849,940; and (b) 2); and (c) U.S. Bable bond specialized in securitization, a collective security right holder, with the distribution of KRW 248,569,016, respectively, to the Plaintiff (hereinafter referred to as “instant”).

The Plaintiff appeared on the date of distribution, and stated an objection against the total amount of dividends to the Defendant, and the Plaintiff filed a lawsuit of demurrer against distribution on June 26, 2015, which was within one week from that date.

B. The defendant's relationship between the defendant and the non-party company is the sentence of G, the representative director of the non-party company, which is the non-party company's corporate register on July 28, 2003.