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(영문) 대구지방법원서부지원 2015.06.10 2015가단1561

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 December 24, 2013, the Plaintiff: (a) filed an application for provisional seizure against real estate (hereinafter “instant provisional seizure”) with the Daegu District Court Decision 2013Kadan4066 on January 15, 2014 with respect to C shares in the building (hereinafter “instant real estate”) of Daegu-gu Daegu District Court, Daegu District Court; and (b) obtained a provisional seizure order with the claim amounting to KRW 80,000,000,000 from the said court (hereinafter “instant provisional seizure”) by making the claim amounting to KRW 80,000 as the preserved right; and (c) obtained a provisional seizure order with respect to the claim amounting to KRW 550 square meters and its ground (hereinafter “instant real estate”).

B. C’s death around December 10, 2013, the Defendant, F, and G, who are his spouse, succeeded to C’s share of the instant real estate for each inheritance share.

C. On April 2, 2014, the Daegu District Court rendered a voluntary decision to commence the auction of real estate (hereinafter “instant auction procedure”) on the instant real estate at the request of the Daegu District Court, Daegu District Court. D.

On January 14, 2015, the Plaintiff received dividends of KRW 80,000,000 as a person holding a provisional seizure on the date of distribution of the instant auction procedure, and the Defendant received dividends of KRW 188,296,211 as a surplus.

E. On the date of distribution, the Plaintiff stated an objection against the Defendant’s distribution portion, and filed a lawsuit of demurrer against the distribution of this case.

【In the absence of dispute over the grounds for recognition, Gap evidence 1, 3-1, 2, Eul evidence 1, the purport of the whole pleadings

2. At the time of the instant auction procedure, the Plaintiff’s claim for the agreed amount between the Plaintiff and the Defendant was pending in the Daegu District Court Branch of 2014Kadan16238, and the Plaintiff had no choice but to file an application for a demand for distribution only with respect to the principal of the claim for provisional seizure prior to the completion period to demand a distribution of the instant auction procedure. However, the Plaintiff submitted the claim statement to the executing court along with the judgment ordering payment of principal amounting to KRW 80,00,000 and interest prior to the date of distribution of the said auction procedure. As such, the executing court distributes only