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(영문) 울산지방법원 2015.10.16 2014가단31409

배당이의

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. K died on March 6, 201, and his/her child is Defendant B, Defendant C, L, Defendant E, M, and Defendant I.

L died on March 24, 2007, and the defendant D is his spouse and the plaintiff.

M died in January 2007, and Defendant F is his spouse, Defendant G, and Defendant H are his own children.

B. On October 6, 1997, the ownership transfer registration was completed in the K on October 6, 1997 with respect to the Ulsan Jung-gu N apartment Nos. 208, 1202 (hereinafter “the apartment of this case”). On August 13, 2010, the establishment registration was completed in the vicinity of the establishment registration, which was the debtor, E-mortgaged dairy cooperative of the Gyeong-gu, Jung-gu, Ulsan-gu, Incheon-do.

C. On February 11, 2014, the Plaintiff and the Defendants were subrogated to exercise the right to collateral security on the instant apartment on February 11, 201, and completed the registration of ownership transfer on the instant apartment due to inheritance on March 6, 2011.

On February 21, 2014, the Court rendered a voluntary decision to commence auction on the apartment of this case to the JJ on February 21, 2014, and the said apartment was sold on October 14, 2014.

E. On November 19, 2014, the instant court drafted a distribution schedule that distributes the surplus of KRW 83,933,776 among the proceeds from the sale of the instant apartment, to the Plaintiff KRW 5,595,585, and to the Defendants, each of the dividends indicated in the separate sheet (hereinafter “instant distribution schedule”). On November 19, 2014, the Plaintiff appeared on the date of distribution and raised an objection against the Defendants as to the entire dividends.

[Ground for Recognition: Facts without dispute, Gap evidence Nos. 1, 5, 7, Eul evidence No. 1, the purport of whole pleadings]

2. The allegations by the parties and the determination thereof

A. (1) The Plaintiff’s assertion (1) that the instant apartment was donated to the Plaintiff by K prior to the completion of the registration of ownership transfer, and the Plaintiff and the Defendants agreed on the division of inherited property, which owns the said apartment, around June 201.

Therefore, this is applicable.