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(영문) 창원지방법원통영지원 2015.10.15 2014가단13906

배당이의

Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On June 21, 200, the Plaintiff reported marriage with D on June 21, 200, but completed the agreement divorce report on October 7, 2013.

B. On August 27, 2013, the Defendant, who is the denial of South-North Koreans, drafted a notarial deed of debt repayment contract (hereinafter “notarial deed of this case”) with the content that the Defendant lent KRW 30 million to D as the deed of notary E office in the notary public E office (hereinafter “notarial deed of this case”).

C. On November 27, 2013, the Plaintiff received a provisional attachment order against D’s F (Power-driven vessel, fishing vessel number: G: hereinafter “instant vessel”) holding D as the preserved bond, seeking compensation for damages arising from tort against the F (Power-driven vessel, fishing vessel number: G; hereinafter “instant vessel”).

(B) On July 2, 2014, the Plaintiff filed a claim for damages against D as the Common Support 2014da8195 (No. 2014dada8195).

On June 2, 2014, the Defendant was issued a ruling of compulsory auction of the vessel of this case (hereinafter “instant auction of the vessel”) with respect to the instant vessel on the basis of the notarial deed as a common support C.

E. On July 3, 2014, the Defendant was rendered a decision of compulsory auction of real estate (hereinafter “instant real estate auction”) with respect to the real estate recorded in the separate sheet (hereinafter “instant real estate”) on the basis of the instant notarial deed as a public assistance H on July 3, 2014.

F. On July 14, 2014, the Defendant filed a lawsuit seeking payment of KRW 1,100,000 (hereinafter “instant loan claim lawsuit”) with the Changwon District Court Branch Decision 2014Gadan8307 (hereinafter “the instant loan claim lawsuit”).

G. On October 15, 2014, the Defendant: (a) prepared a written confirmation that “I will confirm the fact that I have withdrawn an auction after receiving a subrogated repayment of KRW 35,000,000 from A, the former husband of D, who had commenced a compulsory auction of real estate at around 2014 with respect to a compulsory auction of real estate at the Changwon District Court through the Changwon District Court (2014)” (hereinafter “instant written confirmation”); and (b) issued it to the Plaintiff.

H. The defendant.