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(영문) 서울고등법원 2015.05.22 2014나49588

배당이의

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance citing the reasoning of the judgment of the court of first instance is reasonable, and thus, citing the reasoning of this judgment pursuant to Article 420

2. Comprehensively taking account of the following circumstances revealed by the adopted evidence and the facts of recognition as to the Plaintiff’s assertion in the appellate trial, it is reasonable to view that the Defendant and D, at least, can have an indivisible obligee relationship with the Plaintiff with respect to the loans secured by the provisional registration of this case, and that the Defendant may also have an indivisible obligee relationship with the Plaintiff, i.e., the Defendant, and that the Plaintiff is also able to have an effective repayment of the obligation regardless of who is the right holder of the provisional registration of this case or either

The Plaintiff’s assertion disputing that the Defendant is not a true dividend obligee cannot be accepted.

① Defendant and D have operated an excessive relationship between husband and wife, and have established a financial transaction relationship with the Plaintiff several times.

② Of the claims secured by the provisional registration of this case, the creditor is not specified in the certificate of loan regarding the remainder of the claims secured by the provisional registration of this case, excluding the loan claims as of June 25, 2010 and September 30, 2010, and the defendant and D are kept together.

③ The Plaintiff and the Defendant entered into a pre-sale agreement as seen earlier in order to secure the instant loans 1 and 2, and the provisional registration of this case was based on the agreement between the Plaintiff, the Defendant, and the D.

④ As a person holding a provisional registration, the Defendant made active efforts to receive loans of this case 1 and 2, such as obtaining a collection order, as a person holding a provisional registration.

3. The plaintiff's appeal is dismissed for lack of grounds.