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(영문) 수원지방법원 2018.01.10 2017가합1953

배당이의

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. E and F shared 1/2 shares of each of the instant real estates owned on February 4, 2004, the Plaintiff: (a) on the part of the instant real estates owned by E, the debtor, the mortgagee, and the maximum debt amount of which are KRW 110 million; (b) on February 4, 2004, the registration of the establishment of a neighboring mortgage with respect to 1/2 shares of the instant real estates owned by E, the debtor, the mortgagee, and the maximum debt amount of which are KRW 10 million; and (c) on February 4, 2004, the Defendant B completed the registration of the establishment of a mortgage with respect to 1/2 shares of the instant real estates owned by E, the debtor, the mortgagee, the Defendant B, and the maximum debt amount of which are KRW 220 million.

B. On February 13, 2015, as the F’s spouse died, Defendant C completed the registration of ownership transfer based on inheritance due to a split-off as of August 21, 2014, as of the first half of the instant real estate on February 13, 2015.

C. Meanwhile, on April 8, 2014, F filed a lawsuit claiming partition of co-owned property regarding the instant real estate against E by Suwon District Court 2014Da508043, and during the course of the said lawsuit, F took over the lawsuit by I, J, and K, which is Defendant C and children, following the death of F during the said lawsuit. On July 26, 2015, the instant real estate was sold at auction to the auction, and the decision was made in lieu of conciliation to distribute the amount calculated by deducting auction expenses from the proceeds of sale to Defendant C and E at one-half percent, respectively.

Since then, on May 13, 2016, L, M, and N, their children, completed the registration of ownership transfer for inheritance based on a division of agreement on November 13, 2015 with respect to each one-six portion of the instant real estate on May 13, 2016.

E. On July 8, 2016, according to the decision in lieu of the above conciliation, Defendant C filed an application for commencing an auction for dividing common property with respect to the instant real property, and accordingly, Defendant C filed an application for commencing an auction for dividing common property, among the amount of KRW 323,237,671 (hereinafter “instant auction procedure”) to be distributed on July 17, 2017, among the amount of KRW 107,745,890, and KRW 161,61,671 (hereinafter “instant auction procedure”).