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(영문) 대구지방법원 2018.04.17 2017가단24707

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. On August 19, 2015, the Plaintiff completed the registration of provisional attachment upon the decision of provisional attachment on the real estate in the instant auction case owned by the Defendant.

B. On August 19, 2015, the Daegu District Court 2015Kadan118028, the Plaintiff filed a lawsuit seeking a loan against the Defendant and the Defendant’s children E and F (hereinafter “Defendant, etc.”) (hereinafter “Defendant, etc.”). On June 9, 2016, the said court rendered a favorable judgment against the Plaintiff.

C. After filing an appeal with the Daegu High Court 2016Na23367 as to the said lawsuit, the Defendant, etc. reported a special approval to the Daegu Family Court on September 8, 2016, and the said court accepted the Defendant, etc.’s report and rendered a judgment accepting it on January 3, 2017.

On August 16, 2017, the Daegu High Court rendered a judgment that “the Defendant, etc. shall pay the Plaintiff the loan within the scope of the property inherited from the network D” on the ground that the report on the qualified acceptance was valid on August 16, 2017, and the Plaintiff appealed to the said lawsuit by Supreme Court Decision 2017Da259117, but the said court rendered a judgment dismissing the Plaintiff’s appeal on November 29, 2017.

E. On the other hand, in the instant auction case, on September 25, 2017, a distribution schedule was prepared to distribute the surplus of KRW 129,871,778 to the Defendant, who is the owner of the joint ownership of an obligor, in the third priority as to the amount to be actually distributed to the relevant real estate.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, 4, 5, 2-1, 2, Eul evidence 1, and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion that a qualified acceptance report by the Defendant, etc. is null and void because the Defendant intentionally omitted the inherited property from the list of property, and thus, the Plaintiff is required to receive dividends from the instant auction case as a creditor against the Defendant. The distribution schedule of September 25, 2017, stating that the Defendant distributes KRW 129,871,778 to the Defendant, should be revised.

B. The report on qualified acceptance by the Defendant, etc. is valid.