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(영문) 대구지방법원영덕지원 2019.05.21 2018가단10574

배당이의

Text

1. The Daegu District Court was drawn up on June 27, 2018 with respect to the compulsory auction of real estate by the said court.

Reasons

1. Determination as to the claim against Defendant C Co., Ltd. and E

A. Fact-finding 1) K died on May 30, 2013. On July 8, 2013, 2013, the Daegu Family Court of Justice accepted the report of qualified acceptance by Defendant E on July 8, 2013. 2) In the instant case of the compulsory auction by auction by the court of Justice J real estate, this court, on June 27, 2018. < Amended by Act No. 138, Jun. 27, 2018; Act No. 1213, Feb. 13, 208; Act No. 13844, Mar. 284; Act No. 5,599,70 won that the Plaintiff received as a provisional

3) Defendant C Co., Ltd submitted an application for waiver of dividends on July 27, 2018 in the above auction case, and submitted an application for waiver of dividends on July 27, 2018 (based on recognition). [The grounds for recognition] of absence of dispute, Gap evidence Nos. 1, 5, 6, and 7 (if available, each statement including the number

B. The Plaintiff, in determining the cause of the claim, has expired by prescription the secured debt of the Defendant C Co., Ltd., and the provisional attachment of K is not subject to a lawsuit for five (5) years, and thus, sought a judgment like the order.

As the above Defendants do not dispute the above assertion of the Plaintiff, barring any other circumstance, the amount of dividends of 38,00,000,000 won against Defendant C Co., Ltd. as 14,236,212 won, the amount of dividends of 1,213,284 won, and the amount of dividends of 1,213,284 won as to K indicated in Defendant E E E’s distribution schedule, shall be corrected as 14,236,212 won, as requested by the Plaintiff, among the distribution schedule prepared by the above court with respect to the case of compulsory auction of real estate by the Young-gu District Court Young District Court

C. Determination 1 as to the above Defendants’ assertion 1) Defendant C Co., Ltd. asserted that the claim of this case should be dismissed since it submitted an application for waiver of dividends, but such circumstance alone does not obstruct the acceptance of the claim of this case. Therefore, the above assertion by Defendant C Co., Ltd. is without merit. 2) Defendant E, as it was subject to qualified acceptance, asserts that the claim of this case should be dismissed or dismissed.