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(영문) 대전지방법원서산지원 2019.01.24 2018가합50743

배당이의

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. From March 2, 2005, the Plaintiff’s mother L (Death on September 28, 2005) entered into a contract with the Defendant to purchase each real estate listed in the separate sheet that the Defendant intended to purchase from M.

B. When Plaintiff G could not pay KRW 400 million out of the purchase price of the above sales contract, on June 23, 2005, Plaintiff G issued a promissory note in the name of L, the face value of which was KRW 400 million, and the due date of which was September 30, 2005, and on July 1, 2005, each registration of transfer of ownership in the name of L as to each real estate listed in the separate sheet was completed, and completed the registration of creation of a mortgage with a maximum claim amount of KRW 40 million and the debtor each on the same day.

C. On the other hand, on October 19, 2005, Plaintiff G completed the registration of creation of a mortgage over each of the real estate listed in the separate sheet to N and N on October 19, 2005 with each maximum debt amount of 200 million won as well as each of the second priority priority priority priority priority priority priority points for debtor L

The Defendant filed an application for commencement of voluntary auction on each real estate listed in the separate sheet as to L’s remaining 400 million won of the purchase price, and this Court rendered a decision to commence voluntary auction as P on November 7, 2005 (hereinafter “Prior Auction Case”).

However, on November 8, 2006, when the above auction case was in progress, the defendant withdrawn a voluntary application for commencement of auction on the real estate 1 to 5 real estate listed in the separate sheet (hereinafter “each real estate of this case”), and only 6 to 8 real estate listed in the separate sheet was finally sold.

E. Thereafter, in the distribution procedure of the instant preceding auction case, 20,067,120 won out of 431,576,856 won to be actually distributed to the head of Jin-gun (the issuing authority), 400 million won to the Defendant (the creditor), and the remaining 11,509,736 won to N (the mortgagee) was prepared.

Accordingly, the Plaintiffs raised an objection to the distribution against the Defendant, and filed a lawsuit of demurrer against distribution with the court 2006Gahap1588 on December 28, 2006.

F. On the other hand, the defendant.