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(영문) 수원지방법원 2020.01.30 2019가단22421

배당이의

Text

1. Of the distribution schedule prepared by the said court on September 17, 2019 in the distribution procedure for Suwon District Court C, the amount of dividends to the Plaintiff is 72.

Reasons

Basic Facts

On March 4, 2019, the plaintiff and the defendant owned the 1/2 shares of Suwon-gu D apartment E (hereinafter referred to as "the apartment of this case") in Suwon-gu, Suwon-gu, Suwon District Court C, and the decision of voluntary decision to commence the auction was rendered.

On September 17, 2019, the auction court prepared a distribution schedule stating that KRW 72,50,121 shall be distributed to the Plaintiff, the owner of the instant case, and that KRW 144,392,814 shall be distributed to the Defendant, the debtor and the owner of the instant case (hereinafter “instant distribution schedule”).

On September 17, 2019, the Plaintiff appeared on the date of distribution, and raised an objection to the total amount of dividends to the Defendant, and filed the instant lawsuit on September 19, 2019.

[Ground of recognition] The following facts can be acknowledged in full view of Gap evidence Nos. 1, 2, and 3, Gap evidence Nos. 3, 4, 11, and Eul evidence Nos. 1, and Eul evidence Nos. 1, 3, 4, 11, and 1.

On August 17, 2017, the Plaintiff and the Defendant married, but prepared the following agreements, which led to a divorce between them.

The plaintiff and the defendant agree on the following matters and agree on the divorce between them:

b) - A.I.D.-

1. The plaintiff grants a loan of KRW 100 million to the defendant as security (Provided, That the principal and interest on the above loan shall be repaid by the defendant). (In summary)

4. As to the above real estate, the defendant shall waive all rights.

In order to conduct the funeral-related business on August 17, 2017, the Defendant completed the registration of the establishment of the right to collateral security with G and the maximum debt amount of KRW 150 million against the entire apartment of this case, and received a loan of KRW 100 million as collateral.

According to the above facts, it is reasonable to view that the defendant agreed with the plaintiff on August 17, 2017 to waive all rights to the apartment of this case.

Therefore, 72,50,121 won for the plaintiff of the dividend table of this case shall be 216,892,935 won, and 144,392.