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(영문) 수원지방법원 2018.09.11 2017가단503339

배당이의

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On August 17, 2016, the Plaintiff filed a lawsuit against Nonparty D to pay to the Plaintiff the amount of KRW 80,000,000 and the interest calculated at the rate of 5% per annum from April 1, 2014 to June 16, 2016, and 15% per annum from the next day to the date of full payment (Seoul Central District Court Decision 2016Da5129816). The judgment was finalized on September 9, 2016.

B. On January 23, 2017, a distribution schedule was prepared as shown in the attached Form on the date of distribution on the date of the auction of real estate E with respect to the Suwon District Court as to F forest and forest land 39273 square meters (hereinafter “instant land”), and the owner on the registry was Nonparty D.

C. On the date of the above distribution, the Plaintiff raised an objection against the total amount of dividends to Defendant C (a mortgagee) and Defendant B (a person holding a provisional registration).

However, on September 12, 2017, a lawsuit of demurrer against a distribution filed by the plaintiff was withdrawn due to the amendment of the purport of the claim in this case.

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

2. The gist of the cause of the claim is the creditor against Nonparty D.

The Defendants did not have any claim against Nonparty D.

(The right related to the land of this case, the right to collateral security or provisional registration, as claimed by the Defendant, has been falsely written). Nevertheless, as seen in the above basic facts, the distribution schedule was prepared to enable the Defendants to distribute dividends.

Therefore, D does not exercise any right despite the defendants' right to demand the transfer of the defendants' right to demand dividend payment to the Republic of Korea.

Accordingly, the plaintiff shall exercise the rights against the defendants of D on behalf of D.

3. Determination

A. The Plaintiff is a person who has no claim against D even though the Defendants may be a creditor against G, and thus, the Defendants are distributed through a real estate auction owned by D.