beta
(영문) 대전지방법원홍성지원 2015.03.31 2014가단2709

배당이의

Text

1. The Daejeon District Court drawn up on March 19, 2014 with respect to the case of the voluntary auction of D real estate in Hongsung Branch D.

Reasons

1. Facts of recognition;

A. In the case of the auction of D's real estate rent, which was owned by Boan-si, the Daejeon District Court of the Daejeon District Court of 101Ha-dong 1002, the said court determined the amount to be actually distributed on the date of distribution on March 19, 2014 as KRW 19,523,957, and as KRW 55,419,452, the amount to be distributed to the Defendant who was the mortgagee was declared bankrupt on November 19, 2013 by the Daejeon District Court of the Daejeon District Court of 2013Ha-dan2021, and on the same day, the Plaintiff was appointed as the bankruptcy trustee for A.

The distribution schedule for E was prepared with the amount of dividends of KRW 19,275,677 (hereinafter “instant distribution schedule”).

B. The Plaintiff appeared on the aforementioned date of distribution, and expressed an objection against the whole amount of distribution to the Defendant among the instant distribution schedule.

C. Meanwhile, the Plaintiff filed a lawsuit against the Defendant for the revocation of fraudulent act as Daejeon District Court Decision 2014Ga21529, and on January 27, 2015, the said court rendered a judgment that “the Defendant expressed his/her intent to transfer his/her claim to the Plaintiff for the payment of dividends of KRW 55,419,452 against the Republic of Korea during the process of the auction of the sale of the D Real Estate in Hongsung Branch Branch of Daejeon District Court and notified the Plaintiff that the said claim for the payment of dividends was transferred to the Republic of Korea,” which became final and conclusive on February 17, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 6, 15, and the purport of the whole pleadings

2. According to the above facts of the judgment, since the part of the dividend amount against the defendant, which was made on the premise that the defendant is the mortgagee of the right to collateral security, is unlawful, the dividend amount of 55,419,452 won against the defendant shall be deleted, and the dividend amount of 19,275,677 won against the plaintiff shall be corrected to 74,695,129 won (=19,275,677 won).

3. The plaintiff's claim is reasonable.