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(영문) 수원지방법원여주지원 2015.09.03 2014가합11290

배당이의

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Based on the final judgment of the claim for the return of the purchase price, the Defendant filed an application for compulsory auction of real estate on the size of 3,306 square meters of F forest land owned by the deceased with Suwon District Court in Suwon District Court 2013Gahap668 (hereinafter “the deceased”). On February 11, 2014, the Defendant decided to commence the auction on February 11, 2014.

B. In the above auction procedure, Plaintiff A was subject to the payment order finalized by Suwon District Court Yang-gun Branch Court 2014 tea94, and Plaintiff B demanded distribution based on the payment order finalized by the same court 2014 tea95. However, on October 8, 2014, the auction court prepared a distribution schedule with the content that: (a) the Plaintiff excluded the Plaintiffs from the distribution of dividends and distributes all of the amount of KRW 203,482,040 to the Plaintiff.

C. Meanwhile, the Deceased died on May 23, 2014 during the said auction procedure. On August 11, 2014, the Plaintiffs, who were their children, filed a petition for adjudication on renunciation of inheritance with the Suwon District Court Branch Branch Decision 2014Ra369 on August 11, 2014, and received a judgment on September 1, 2014.

【Fact-finding without dispute over the ground for recognition】 Each entry in Gap evidence 1, 4, and 5 (including each number; hereinafter the same shall apply), and the purport of the whole pleadings

2. Judgment on the plaintiffs' assertion

A. The plaintiffs asserted that they have a claim against the deceased based on the payment order that became final and conclusive. Meanwhile, since the plaintiffs legally renounced inheritance against the deceased, the plaintiffs' claims against the deceased do not extinguish confusion and continue to exist as they were.

Nevertheless, since the auction court excluded the plaintiffs from the distribution of dividends without justifiable reasons, the above distribution schedule should be revised.

B. Therefore, we examine whether the plaintiffs have a claim against the deceased.

According to Gap evidence Nos. 4-1 and 2, the plaintiff A shall be the deceased at the Sungwon District Court 2014Ra94 around March 2014.