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(영문) 대전지방법원홍성지원 2016.11.22 2013가단5077

배당이의

Text

1. On May 29, 2013, the Daejeon District Court's Red Branch C and D (Dual) auction cases of real estate. < Amended by Act No. 11845, May 29, 2013>

Reasons

1. Facts of recognition;

A. On August 14, 2011, 201, the instant real estate owned by the Dong H. The E-gun in Chungcheongnam-nam budget, 774 square meters, 539 square meters in F, and 369 square meters in G forest land (hereinafter “instant real estate”). As the network H died on August 14, 201, the remaining inheritors were given up the inheritance and only the Defendant’s husband I reported the qualified acceptance of the inheritance of the deceased H’s property. On January 3, 2012, the Daejeon District Court, 201Mo797, which received the said report under the name of I due to inheritance. Accordingly, the ownership transfer registration of the instant real estate was completed due to inheritance.

B. On May 23, 2012, the Plaintiff filed a payment order against the limited inheritor I with Seoul Western District Court 2012j3100, on the ground that there was a claim of KRW 2 billion against the network H, and issued a payment order from the above court to the effect that “I would pay KRW 2 billion and its delay damages to the Plaintiff within the limit of the property inherited from the network H.” Meanwhile, the Defendant also filed a payment order with the Cheongju District Court 2012j1065 on February 29, 2012 against the above I on the ground that there was a claim of KRW 195,60,000 against the network H, and that “I would pay the Defendant KRW 195,60,000 and its delay damages within the limit of property inherited from the network H,” and received a payment order from the above court.

C. On May 29, 2013, among the distribution dates, 254,403,794 won, the Plaintiff, as a person with the right to demand a distribution (amounting to KRW 1,598,252,986) and the Defendant’s second person with the right to demand a distribution (amounting to KRW 216,40,734), raised an objection to the distribution of KRW 20,356,317, a distribution schedule with the content that the Plaintiff received the distribution of KRW 20,356,317, as a person with the right to demand a distribution (amounting to KRW 216,40,734), among the two persons with the right to demand a distribution (amounting to KRW 1,598,252,986), among which the real distribution was to be made, on

Grounds for Recognition: Facts without dispute, Gap 1, 4, 5, and Eul 1, as a whole, and all pleadings.