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(영문) 수원지방법원 2021.02.02 2019가단562028

배당이의

Text

1. Of the distribution schedule prepared on October 17, 2019 by the said court with respect to voluntary auction cases of Suwon District Court D's D's real estate, the said court shall be the same.

Reasons

1. Basic facts

A. On July 29, 2003, the Plaintiff completed on July 29, 2003 the registration of the establishment of the right to collateral security (hereinafter the above right to collateral security (hereinafter the "right to collateral security") with respect to Defendant B EF (hereinafter the "right to collateral security") at Suwon-si, Suwon-si, on the ground of the contract on July 29, 2003, the Plaintiff completed the registration of the establishment of the right to collateral security (hereinafter the above right to collateral security) with the maximum amount of KRW 80,000 for the Plaintiff, Defendant B, and Defendant B, and the claim amount of KRW 35,000 for the instant real estate). (b) On September 12, 2005, the Plaintiff registered the establishment of the right to collateral security (hereinafter the above right to collateral security was referred to as "the right to collateral security") with respect to the instant real estate at issue to Defendant C on June 21, 2005.

G Cooperative requested voluntary auction of the instant real estate to Suwon District Court D and received a decision to commence the auction on November 6, 2018, and as a result, the auction procedure (hereinafter “instant auction procedure”) was in progress, the instant real estate was sold to H on September 19, 2019.

(d)

On October 17, 2019, the date of the distribution date, the above court drafted a distribution list of the contents distributed to Defendant C (hereinafter “instant distribution list”) in order of 3rd priority of KRW 200,036,174, the amount of KRW 80,000,000, which is to be actually distributed to Defendant C, to the person who is the lower right holder, who is the lower right holder, in five order.

E. On the dividend date, the Plaintiff’s objection to each of the Defendants’ dividends was deemed to have been stated on October 16, 2019, with the content that the Plaintiff raised an objection to all of the Defendants’ dividends. The Plaintiff filed a lawsuit of objection to the instant dividend on October 23, 2019, within seven days thereafter.

【Fact-finding without a dispute over recognition, Gap evidence Nos. 1 and 2, Eul evidence No. 2, and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted that each of the goods, such as clothes, was supplied by the Defendant, and the Plaintiff set up a right to collateral security against the Defendants in order to secure the Defendant’s obligation for each of the goods.

The plaintiff's goods payment obligation against the defendant B shall be five years.