배당이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The defendant and the non-party D were the legal couple who reported the marriage on September 30, 2003. D habitually assaulted the defendant during the marriage period, and the defendant completed the provisional attachment registration by designating the claim for consolation money of KRW 200,000,000 for the four real estate including the 200,000,000,000,000 for the real estate as the claim for a damages claim for the real estate under the jurisdiction of the Changwon District Court on July 4, 2006. < Amended by Presidential Decree No. 200657, Jul. 4, 2006>
B. Meanwhile, as the Plaintiff was unable to borrow and repay the money to D, it applied for a payment order from the Changwon District Court Jinju Branch case No. 2009Da3356, Oct. 5, 2009 with respect to D, which is the amount of KRW 117,00,000 and the above amount of KRW 1,00,000 each month from August 25, 2004 to April 25, 2005, and KRW 12% per annum from April 26, 2005 to December 30, 205, and KRW 20% per annum from the next day to December 30, 205. The above order was finalized on Nov. 18, 209.
C. The Defendant and D divorced on July 25, 2013. At that time, D agreed to pay to the Defendant the Defendant a total sum of all damages, such as divorce consolation money and damages caused by guarantee, consolation money for violence, etc. (hereinafter referred to as “certificate of payment”).
was drawn up. D.
D If the Plaintiff did not repay the debt due to the payment order against the Plaintiff, the Plaintiff applied for a compulsory auction for the instant real estate to the Changwon District Court Jinwon Branch C, and the auction procedure was in progress.
The plaintiff applied for the distribution of dividends in the above auction court amounting to KRW 263,362,191, total of KRW 146,362,191 interest of KRW 117,00,000,000 as the claim amount. The defendant applied for the distribution of dividends in the claim amounting to KRW 200,000,000 as the principal amount.
E. On September 21, 2015, the court of auction held on September 21, 2015, 40,329,476 won against the Plaintiff A and the Defendant 30,626,625 won.